Notary · Liability and Discipline

What are the typical consequences of notarial misconduct?

Correct answer

Civil liability (lawsuit by harmed parties), commission revocation by the state, criminal charges for serious offenses, professional disrepute, and potentially personal financial ruin

  1. A No consequences
  2. B Suspension from the state
  3. C Only a warning
  4. D Civil liability (lawsuit by harmed parties), commission revocation by the state, criminal charges for serious offenses, professional disrepute, and potentially personal financial ruin

Why this is the answer

Notarial misconduct has serious consequences. (1) Civil liability — signers, third parties, and others harmed by notarial errors can sue the notary personally for damages. Common claims: improper identification leading to identity theft losses, defective notarization that voids real estate transactions, jurat errors in court cases. Damages can be substantial. (2) Commission revocation — the state can suspend or revoke the notary's commission for misconduct, ending their ability to act as a notary. Revocation can be permanent. (3) Criminal charges — for serious offenses like notarial fraud, perjury, identity-related crimes, unauthorized practice of law. Penalties can include fines and imprisonment. (4) Professional consequences — many employers fire employees who lose their notary commission or face misconduct findings. Real estate professionals, mortgage lenders, lawyers, and others who depend on notaries cannot use a discredited notary. (5) Bond claims — if the notary bond is paid out, the notary must reimburse the bond company. (6) E&O insurance can help with civil claims but not with revocation or criminal charges. The combination of consequences can be financially ruinous. Following the rules carefully — proper ID verification, presence requirement, journal entries — protects the notary from most of these risks.
Source: NNA Notarial Liability

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About this topic: Liability and Discipline

Liability and discipline questions cover civil liability for errors, the surety bond versus errors-and-omissions insurance, criminal penalties for misconduct, and the grounds for commission suspension or revocation. This is one of 8 Notary questions on liability and discipline, each with a full explanation on a single study page.

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