by Tonya Brewton | August 1, 2022
In order to understand what a "Mobile Notary" is, you must first understand what a "Notary Public" is.
A "Notary Public" is an official appointed by the state's governor or secretary of state, to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These acts are called notarizations, or notarial acts. Since notaries are commissioned by each state, they are expected to follow written rules without the exercise of significant personal discretion, as would otherwise be the case with a "judicial" official.
A Notary Public is called a variety of names based on the duties that they may perform:
Public Official
Court Clerk
Endorser
Witness
Commissioner for Oaths
Signatory
Certifier
Loan Signing Agent
Remote Online Notary
Mobile Notary
The job of a Notary Public is to screen the signers of documents and do three things in the screening:
Ensure that the identity of the signer is correct and true
Ensure that the signer is signing the document willingly and of their own free will without duress or intimidation
Ensure that the signer is aware of the contents of the document or transaction; simply put, the signer needs to be aware that they are signing a document.
Once the Notary Public can ensure these three main things, the Notary will apply their notarial stamp, with their state approved commission on the document. The Notary may also be required to put the signer under an oath or affirmation by declaring under penalty of perjury that the information contained in a document is true and correct.
A Notary Public in the United States is NOT the same as Notaries in foreign countries. A United States Notary Public is not an attorney, judge or high-ranking official. A United States Notary Public is not the same as a Notario Publico. A Notary Public in United States is not allowed to give legal advice or accept payment for legal advice.
A Mobile Notary is essentially a Notary Public that has a "traveling office". This means that the Mobile Notary can meet the signer ANYWHERE, including Online, to notarize documents and administer Oaths. This is the key difference. A non-mobile notary is stuck in a physical location and the signer has to go to the non-mobile Notary to have documents notarized. Below are some examples of common places where you would find a traditional, non-mobile Notary:
Banks
UPS
Insurance Companies
Title/ Escrow Companies
Attorney Offices
WHY DO I NEED A MOBILE NOTARY?
While at first, it seems adequate enough to physically go to a location to get a document(s) signed. As time goes on, it can become time consuming and burdensome. Let's be honest, many people have demanding jobs and lives. They may have family or friend engagements, doctor's appointments, activities, or for they may need to work late. Time is always a constraint for anyone or any business.
One of the biggest CONS to using a traditional non-mobile notary is the lack of flexible hours that these places offer for notarization services. Banks, Attorneys, UPS, Insurance Companies, Title/ Escrow companies are not open 24 hours and may not be open over the weekend. Many of these places are open until 3pm or 5pm, with no exceptions. This is an issue for people who need to have a document notarized same day.
The second biggest CON to using a non-mobile notary is that they will not send a notary to you. Due to the pandemic many people are still not comfortable going to various places to get an oath or document notarized. Banks, Attorney's offices, UPS are all public and can not prevent people from entering their establishment without a mask or showing proof of a negative COVID-19 test. For many people going into public places where there are numerous people walking around without masks is risky. People who are trying to get their documents notarized at these locations may feel that they are potentially risking their lives and exposing family members to potentially getting sick.
A third huge CON to using a non-mobile notary is that there are some documents that they will NOT notarize. It is a misconception that all Banks, UPS, Title/ Escrow companies can notarize EVERYTHING. FALSE! In the case of a homeowner that is selling their own home without a Real Estate Agent (aka: FSBO), unless the forms finalizing the sale (aka: Seller Package) come from that specific bank, the bank will not notarize them. Regarding banks, they will only notarize for customers who have an account with that bank. Please remember banks are a business and they are only concerned about servicing their clients.
Additionally, the banks will only notarize their bank originating documents. A refinance loan or a trust deed that originated from the bank, like: Truist or Bank of America, that customer can have it notarized at any of their banking locations. But in the case of someone who has a virtual bank account, such as: Chime, Axos, or Ally, they will need to get their documents notarized at any place other than a bank.
Supplying a witness is a fourth CON to using a non-mobile notary. If the document requires a witness to sign and the customer did not bring a witness, don't expect a non-mobile notary to supply one; even if you offer to pay them. Wills, Powers of Attorney, Healthcare Directives, and Trust packages typically require 1-2 non-related witnesses to sign. Again, please remember that most non-mobile notaries already have a primary job (such as: bank representative, UPS employee, Insurance agent, Title agent) and only do notarizations for paying clients when they have the time to do so. Wills, Powers of Attorney, etc. forms require more attention due to the fact those forms deal with a person's estate or assets. Most traditional notaries are not willing to take more time out from their primary job to find a witness to sign these forms.
The last two cons of using a non-mobile notary is that these locations will not got to nursing homes, rehab facilities, hospitals, jails to notarize documents. Again, bankers, UPS employees, Insurance Agents are not mobile. Their primary responsibility is to service the needs of the customers who are physically there. They could be fired for leaving their job to notarize a document. Also, what happens if the document is missing notarial wording or the notarial wording is incorrect due to the document being from out of the state? Banks, UPS, etc. will not help if the document doesn't explicitly have a notarial block for the notary to sign and stamp.
This is where a Mobile Notary comes into play. A Mobile Notary can do everything that a Notary Public anywhere else can do. Mobile Notaries are not employed by a company, they are independently owned or self-employed. This means they can work a variety of hours and can travel anywhere. Hospitals, offices, coffee shops, parking lots, nursing homes, jails, and homes are some of the locations that Mobile Notaries travel to perform their duties. In addition to this, lots of Mobile Notaries can also notarize documents virtually (aka: Remote Online Notary-RON). Mobile notaries can notarize all documents regardless of the form; that is what they have been trained to do.
BIGGEST PROS AND CONS OF USING A MOBILE NOTARY
One of the biggest CONS to using a Mobile Notary is the fee. But please remember, Mobile Notaries offer a convenience service. Due to the Notary ensuring that they are available for the signer's convenience and having to travel to a location that is convenient for the signer, that convenience comes at a cost. While paying the price for convenience does bother many people, the expertise of the Mobile Notary helps to ease any doubt the signer may have.
One of the PROS that Mobile Notaries are providing that non-Mobile Notaries are not is Signature Witnesses. Quite a few documents may require a witness, or two, that is not related to the signer and no notarization of the document. What should a signer do if they not have a non-relative available to serve as a witness? A Mobile Notary can serve as a witness and they can also supply a witness. Again, due to the cost of traveling to the location, many Mobile Notaries are charging a small fee for providing a Signature Witness.
Another PRO that a Mobile Notaries are providing is accepting payments via numerous applications (such as credit card), instead of cash only. Once upon a time, cash was the only acceptable form of payment when getting a document notarized. Times have changed and Notaries have changed too. Many of the non-Mobile Notaries still require payment in cash only, while Mobile Notaries have advanced and can accept payments via:
Credit Card/ Debit Card
Paypal
Zelle
Cash App
Google Pay
Apple Pay
Samsung Pay
Invoice
Check
and More!
Mobile Notaries are not restricted by location or services that they can provide.
A third PRO to using a Mobile Notary is that, Mobile Notaries often travel with mobile office equipment. Mobile Notaries are now realizing that they need to include printing, copying, and scanning to their list of services. So they are traveling with mobile scanners, laser printers, laptops, and mobile devices in their cars as their equipment. Mobile Notaries today have websites that signers can log onto and schedule appointments online. Due to the advancement in technologies Mobile Notaries can fulfill numerous services for individuals and companies using only a smart phone and a laptop computer.
Just remember, if you get disgruntled or frustrated due to a notary at a Bank or other physical location not being able to notarize your document -or- the Bank or other location is closed, please consider using a Mobile Notary. To find one near you, just Google: "Mobile Notary near me".
I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.