What is the penalty for notarizing a forged signature

The core issue: notarization and verification

Notarization is a legal process intended to deter fraud and ensure the authenticity of documents. A notary public acts as an impartial witness, verifying the identity of the signer and confirming their willingness to sign. Crucially, they are not verifying the truthfulness of the document's contents, but rather the genuineness of the signature itself. However, notarizing a forged signature, even unintentionally, carries significant penalties.

Civil liability: financial repercussions

One of the most direct consequences for a notary who notarizes a forged signature is civil liability. This means the notary can be sued for damages resulting from the fraudulent document. If someone suffers financial loss due to the forgery, they can pursue a claim against the notary's surety bond. Notary bonds are designed to protect the public from negligent or fraudulent acts by the notary. The amount of the bond varies by state, but it's generally intended to cover potential financial losses. Beyond the bond, a notary can also be held personally liable for additional damages if the bond isn't sufficient to cover the losses. This could include legal fees, lost income, and other related expenses.

For example, imagine a forged deed is notarized, leading to the fraudulent transfer of property ownership. The rightful owner could sue the notary for the value of the property, plus any associated costs incurred while trying to reclaim their ownership.

Criminal charges: intent and negligence

The severity of the penalty depends heavily on the notary's knowledge and intent. If the notary knowingly notarized a forged signature, they could face serious criminal charges. These charges could range from forgery (itself) to aiding and abetting fraud, depending on the specific circumstances and applicable state laws. The penalties for these crimes can include substantial fines and even imprisonment.

However, even if the notary was unaware of the forgery, they could still face criminal charges if their actions were deemed grossly negligent. For instance, if a notary failed to properly verify the signer's identity (e.g., by not asking for proper identification or accepting obviously fake ID), they might be charged with a misdemeanor offense, such as official misconduct. This highlights the importance of meticulous record-keeping and adherence to established notary procedures.

Administrative penalties: loss of commission

to civil and criminal penalties, a notary who notarizes a forged signature will almost certainly face administrative sanctions from the state agency responsible for regulating notaries public. This typically involves the suspension or revocation of their notary commission. Losing a commission can have a significant impact on a notary's professional life, particularly if they rely on notarization services for income. Reinstatement of a commission after it has been revoked is often difficult, if not impossible.

Many states also maintain databases of disciplined notaries public, which can further hinder their ability to find employment or conduct business in the future. These databases are often accessible to the public, providing a readily available record of any past misconduct.

Mitigating risks: due diligence and best practices

Notaries can significantly reduce their risk of notarizing a forged signature by adhering to strict verification procedures. This includes:

• Carefully examining the signer's identification to ensure it is valid and matches the name on the document.
• Personally witnessing the signing of the document. Notarizing a signature on a document that was already signed is a major violation.
• Maintaining a detailed journal of all notarizations, including the date, time, signer's name, type of identification presented, and the type of document notarized.
• Staying up-to-date on state laws and regulations governing notarial acts.
• Using approved notary stamps and seals.

By diligently following these practices, notaries can protect themselves and the public from the consequences of fraud and forgery.