Key Takeaways
- Notarizing an incomplete document exposes the notary to civil liability
- Criminal penalties may apply including fines and imprisonment
- The notary's commission may be suspended or revoked
- The surety bond may be claimed against for damages caused
- Ignorance is not a defense—the notary has a duty to review documents
Liability and Consequences
Notarizing an incomplete document is not just a procedural error—it can have severe legal consequences for the notary, the signer, and innocent third parties who rely on the document.
Civil Liability
A notary who notarizes an incomplete document may be held liable for:
| Type of Damages | Example |
|---|---|
| Actual damages | Financial losses suffered by a defrauded party |
| Consequential damages | Additional losses resulting from the fraud |
| Punitive damages | Additional penalties for willful or reckless conduct |
| Attorney's fees | Legal costs incurred by the injured party |
Bond Claims
The $15,000 surety bond may be claimed against if someone suffers a loss due to the notarization of an incomplete document. Remember:
- The bond pays the injured party
- The bonding company seeks reimbursement from the notary
- The bond does not protect the notary from personal liability
Criminal Penalties
Depending on the circumstances, notarizing an incomplete document could result in:
| Charge | Potential Penalty |
|---|---|
| Misdemeanor | Fines up to $1,500, county jail |
| Felony (if real estate involved) | Fines up to $75,000, state prison |
| Fraud charges | If the notary knowingly facilitated fraud |
| Conspiracy charges | If the notary was complicit in a scheme |
Commission Discipline
The Secretary of State may take action against the notary's commission:
| Action | When Applied |
|---|---|
| Warning | First-time, minor oversight |
| Suspension | Pattern of carelessness |
| Revocation | Willful disregard or repeated violations |
| Denial of renewal | History of incomplete document notarizations |
Common Pressure Scenarios
Signers may pressure you to notarize incomplete documents. Here is how to handle common situations:
Scenario 1: "I'll fill it in later"
Response: "I'm sorry, but California law requires the document to be complete before I can notarize it. I would be happy to notarize it once all fields are filled in."
Scenario 2: "My attorney said it's fine"
Response: "I understand, but as the notary, I am legally required to ensure the document is complete. I cannot notarize a document with blank spaces regardless of who prepared it."
Scenario 3: "I'm in a hurry and will lose the deal"
Response: "I understand the urgency, but notarizing an incomplete document could invalidate it entirely, which would be worse. Let's get it completed so I can properly notarize it."
Scenario 4: "The other party will sign later"
Response: "That's fine—I can notarize your signature now if the document is otherwise complete. The other party can have their signature notarized separately."
On the Exam
Key points tested about liability:
- Civil liability: Notary can be sued for damages from notarizing incomplete documents
- Criminal penalties: Can include fines and imprisonment
- Commission at risk: Secretary of State can revoke for this violation
- No excuses: The notary has a duty to review—"I didn't notice" is not a defense
What is the maximum fine for a felony involving notarization of an incomplete real estate document?
A signer says their attorney approved notarizing a document with blank fields. Should the notary proceed?
Is "I did not notice the blank spaces" a valid defense for a notary who notarized an incomplete document?