Notary claims allege failure to verify the signer's identity, notarizing outside the signer's presence, false certification, or improper journal maintenance. Bonds and errors and omissions coverage may respond.
Employers may be vicariously liable for an employee notary's acts.
Alternative Names:
Notary Public Liability, Notarial Misconduct
Why it Matters?
These claims typically follow real estate fraud, where a forged deed or mortgage was notarized without the purported signer present, and the notary becomes the solvent defendant when the fraudster is not. Journal requirements are the practical defense, since a properly maintained journal with signature and identification records establishes what verification occurred. Employer vicarious liability makes this an institutional exposure rather than an individual one.
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Frequently asked questions
When do notary claims typically arise?
What is the primary defense?
