Dash Notary thoughts from Tonie Boaman: Mortgage

RESPONSE:

You would like to know which Texas law prohibits a notary from notarizing his or her own document, or a document in which he or she has a financial interest.
A statement on the Texas Secretary of State’s website provides a quick answer to your concern: “…notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. The facts in each situation will determine whether the notary’s action was proper.”
However, as you have accurately determined, a specific Texas law does not exist to answer to your question.
This notary rule has been determined through rulings of higher Texas courts. Two cases that can be cited are Morris v. Dunn, 164 S.W.2d 562, 563 (Tex. Civ. App.–Fort Worth 1942, no writ); and Terrell v. Chambers, 630 S.W.2d 800. Both of these cases are summarized in the American Association of Notaries’ Texas Notary Public Manual, 2nd edition, 2006 (25-26).

However, the Texas Legislature has specified two situations in which there are no such disqualifications:
-An employee of a corporation may take an acknowledgment or proof of a written instrument in which the corporation has an interest, or
-An officer of a corporation who is a shareholder in the corporation may do likewise unless the corporation has 1,000 or fewer shareholders and the officer owns more than one-tenth of one percent of the issued and outstanding stock.
These are outlined in Texas Civil Practice and Remedies Code, Section121.002.
It stands to reason that if one cannot notarize a document in which he or she has a financial or personal interest in, one cannot notarize his or her own document.

Good Rules to Follow in All States:

A notary public taking an acknowledgement cannot also be:
-a party to the instrument, e.g. grantor or grantee, including named Trustee in a Deed of Trust
-a spouse of a party to the instrument
-a person having a direct financial interest/stake in the transaction producing the instrument, e.g. real estate broker
-a person acting as agent or attorney-in-fact for another party to the instrument

You may also be interested in reading an emailed newsletter article that the AAN published in May, 2011. Examining Notary-Family Conflicts of Interest explains why no state’s laws allow or encourage a notary to notarize a document in which he or she may have a personal or financial interest.

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Monday, August 29, 2011

Is there a specific Texas law that prohibits a notary from notarizing their own document or one in which they have a financial interest?

Saturday, June 25, 2011

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