May 4, 2016
The role of the notary to conduct their job impartially, honestly and in a compliant fashion is a lynch pin, critical and valuable to private and commercial transactions. So what are the common fraud risks? To detour/prevent fraud you must first know what those actual risks are, only then can you establish adequate defenses.
Fortunately we do have studies by the industries leading trade group and in their words “…over the past 55 years, the National Notary Association has identified these five pitfalls as the cause of almost every lawsuit filed against Notaries in the United States during that time.” So what are the main causes and how does online notarization address them? In order of occurrence they are.
Number 1. The Notary fails to require the signer’s physical presence at the time of notarization.
Solution: The Safedocs online eNotary video solution records and archives every ceremony to prove not just that someone appeared but who that someone was. The process is automatically recorded live and does not allow the notary any editorial control over timing or content.
Number 2. The Notary fails to properly establish the signer’s identity, willingness or awareness.
Solution: The Safedocs online eNotary video solution institutes the legally prescribed identification process automatically every time… the notary cannot circumvent this including affirmation of willingness & awareness. Again, the signing ceremony is video recorded live and archived for a minimum of 5 years.
Number 3. The Notary fails to produce a certificate (Acknowledgement/Jurat) that is truthful and accurate.
Solution: The Safedocs online eNotary recorded environment archives real time 3rd party identity verifications and auto populates each step of the notarial certificate. Names, dates, time, identity, signatures of both signer and notary are confirmed, recorded and unalterable. With an online eNotary process, this also removes the “face-to-face” threat potential of external influence. The result is an unalterable notarization that is complete & compliant every time.
Number 4. The Notary fails to make and maintain a useful record of their notarial acts.
Solution: The Safedocs online eNotary solution auto populates and completes a fully compliant journal entry every time. Safedocs securely archives the journal which is available for any legally authorized request. In 26 states the notary is not even required to maintain a journal!
Number 5. The Notary provides unauthorized legal advice.
Solution: The Safedocs online enotarization solution records the notarial act, including the disclaimer of legal advice or opinion. This creates a perminate record of the notaries’ position as that of an impartial witness.
If you could operate in an environment that eliminates 90% + of the risk, why wouldn’t you! Or maybe the more impactful question becomes “Why didn’t You….” select the new gold standard of practice, the safe route, Safedocs online video notarization.