Notary Questions? Notary Mobile Services, Brevard

Frequently Asked Questions

Questions about Notary Mobile Services

    Availability
    Notary Fees
    Free Services
    Invoices and receipts
    Loan Documents
    Mobile Notary?
    Notarial Journal
    Power of Attorney

Questions about Notary Acts in FLORIDA
[Directly from the Florida Statutes or the Governor's Reference Manual for Notaries, State of Florida, 11/2001]

   Certified (Attested) Copies
   Documents
         Apostille or Certificate of Notarial Authority
        Blank forms
         Handwritten Statements or Letters
         Notarial Certificate Types
         Prohibited Documents
Translation Affidavit
         Without Notarial Certificates
   Loan Documents
         Electronic recordation
         Mortgage
         Witnessing requirements
   Notary Publics
         What are they?
         As Witnesses
    Safe-Deposit Box
    Signer Requirements
         Oaths
         Proper identification
         Proper notarization in Florida
         Raising of the right hand
         Thumbprints
    Wills & Notarization

Questions About Notary Mobile Services

Q: What is your availability?

A: Six (6) days per week; typically 9:00AM - 8:00PM, Mon - Sat. If you call and I can't get to the phone, please leave your contact information. We will make every attempt to get back to you and schedule you for the earliest possible time, typically the same day. My main business is Financial Advisory services so I'm not always available. If you desire to stop by, please call first.

Q: How much are notary fees?

A: Excluding solemnizing the rites of matrimony, the maximum a notary can charge in the state of Florida is $10 per notarial act (one notarial certificate) [FL Statute §117.05(2)(a)]. Notary Mobile Services discounts fees for two or more notarial acts at the same location.

Individual Notarization
First notarial certificate: $10.00
Additional notarial certificates: $7.50ea (at same location)
Flat Travel Fee: $5.00 (within 15 miles of office--free if done at office on Meadowridge)
Repeat Customers: At least 25% discounts

Loan Signing Fees
Standard Loan Signing (Base Fee): $90.00
eDocs: $25.00
Borrower Copies: $15.00 per package
Loan Application Only: $80.00
Cancel at Table: $50.00
Faxing Back (1 - 5 pages, 5 max): $5.00
(NOTE: These are base loan signing fees. Total fee is dependent on complexity and size.)

To give you an idea of the cost, here are some examples:

Example A: You call and we agree on a time for me to arrive at your location. You have two documents, each with one notarial certificate. Your cost would be $5 for a flat travel charge (within 15 one way miles) plus $10 for the first notarial certificate plus $7.50 for the second certificate ($5 + $10 + $7.50) = $22.50.

Example B: You call and we agree on a time. You arrive at our home office with a document that has one notarial certificate on it. Your total cost would be $10 for that notarial certificate. You save the travel fee. If you are a repeat customer, your fee would be only $7.50. If you were a repeat customer with two documents to be notarized, your cost would only be ($7.50 + $5 = $12.50) for even more discounts.

Example C: A title company or mortgage company calls and asks us to perform a signing at a borrowers home, with documents being sent to us electronically. We use the "Loan Singing Fee" schedule above.

Example D: You call and tell us that your title company or mortgage company sent you mortgage documents to have notarized. You would be charged the Base Loan Signing Fee of $90 regardless of the number of notarizations.

Travel beyond 15 miles, up to 30 miles one way, will be assessed a mileage surcharge of $0.50/mile. An itemized receipt for services performed is always provided. Please call for a quote for your specific need.
(prices as of 1/1/2009, and subject to change without notice.)

Q: Are any of your services free? [^Page Top]

A: Yes. Forms typically required by schools, clubs, associations, etc. to limit or waive liability are notarized as a courtesy if within a 10 mile radius. Also some written statements and all loyalty oaths are notarized at no charge per Florida statute. We do charge a fee for notarizing legal documents such as Powers of Attorney, Attestations, Affidavits, Self-Proving Wills, Living Wills, Quick Claim Deeds, Divorce papers, Sets of Loan Documents, etc. (see above)

Q: Do you invoice and can I get a receipt?

A: Yes. You will ALWAYS get an itemized receipt/invoice for services rendered. For title companies, mortgage brokers businesses and out of state attorneys with loan document sets, all are invoiced with return carriers' tracking number information. Invoices are net 30 days.

Q: Do you use a notary journal? [^Page Top]

A: Yes. Notary Mobile Services uses a notary journal to record all notarial acts. Journal entries are required by providers of digital credentials, in our role as Trusted Enrollment Agents (TEA's).
[Florida law does not require the use of a notary journal; however, you may be interested to know that the Governor's Task Force on Notaries Pulbic in 1989 recommended the mandatory use of journals. Although the Legislature did not follow that recommendation, many notaries in Florida are beginning to voluntarily use a journal. ......Even though journals are not required, any notary who is concerned with liability may want to consider this protective measure to provide a permanent record of his or her notarial acts. (Governor's Reference Manual for Notaries, State of Florida, Nov 2001, pgs 42, 43)]

Q: I just received my loan documents in the mail from the title company. What now?

A: The title company or lender probably asked you to find a notary in your area to notarize the documents in the package. Typically Notary Signing Agents will work directly with the Title Companies, Mortgage Broker Businesses or Attorneys who draw up the loan documents. More recently it seems title companies and lenders are requesting the borrower find a notary themselves to have the documents notarized. Not having to engage a notary along with assoicated service fees, keeps their costs down. However, the services still need to be performed and the service fees are charged to the borrower directly instead of the title company. We charge a per notarial certificate fee for each notarization, discounting all but the first. You will never pay more than what we charge a title company for a basic loan signing.

Q: What is a mobile notary? [^Page Top]

A: A mobile notary is one who travels around the local area, providing notarial services. Instead of you having to run around town looking for an available notary, Notary Mobile Services comes to your home, place of business or agreed upon meeting place; even hospitals, nursing homes or assisted living facilities. Just call and make an appointment. We'll put you on that day's schedule if we are not already booked.

Q: I have a Power of Attorney (POA). Can you help?

A: Yes. It is strongly suggested that your Power of Attorney (POA) be reviewed by an practicing attorney before it is notarized. It needs to be legally binding and enforceable. Even if you get it notarized, but it is NOT legally enforceable in your state, the notarization won't change that.

General Questions About Notarial Acts in Florida
[Directly from the Florida Statutes or the Governor's Reference Manual for Notaries, State of Florida, 11/2001]

Q: Are wills required to be notarized in Florida? [^Page Top]

A: No....But you can get a will notarized. It's called a "self-proving" will. Why would you want to? Making a will self-proving shortens and simplifies the steps of probate. There are four conditions to notarizing a will. They are: 1) The document signer must be present and competent to execute the document, 2) The signer must be personally known to the notary or able to produce appropriate identification, 3) there must be two witnesses, and, 4) The document must have the proper notarial certificate.

The process involves the testator taking a sworn oath (jurat) and two (2) witnesses, stating that they signed the will in the presence of the testator and each other. Due to serious legal problems that can result from an incorrectly notorized will, you should seek a competent notary and have the will drawn up by an attorney.

If you have any notarial questions, call. We will answer any notarial questions we can. We are not attorney's so we can't answer your legal questions. Seek a competent attorney for will-specific questions.

Q: What is an attested ("certified") copy and can I get one from a notary? [^Page Top]

A: People get the terms "certified" and "attested" confused.

Certified Copies

If a document:

a) IS a vital record, or,
b) IS a public record AND a copy can be made by the custodian of that public record,

that copy is called a certified copy. Certified copies are only obtained by the custodian of that record. Here is a list of documents for which you'd have to go to the custodian of that document to get a certified copy:

Birth Certifcate
Marriage Certificate
Death Certificate
Certificate of Citizenship or Naturalization
Document filed in a court proceeding
Document recorded by the Clerk of the Court (mortgages, deeds, etc)
Documents maintained by government offices
Student records (kept in public education offices)
Federal or state income tax forms (already filed)
Professional licenses issued by the State of Florida
Document for which a photocopy is prohibited

Attested Copies

If a document:

a) is NOT a public record, or,
b) is NOT a vital record in Florida, another state, a territory of the U.S., or another country, or,
b) is a public record, but the custodian can not make copies,
[F.S. §117.05(12)(a)]

a notary CAN make attested photocopies of the document. The following are examples of these documents:

Florida Driver's Licenses
Florida Vehicle Titles
Social Security Cards
Diploma
Medical Records
U.S. Passport
Bill of Sale
Contract
Lease Agreement
Resident Alien Card issued by the U.S. Department of Justice, Immigration and Naturalization Service
Personal Letter

Second, Florida law prohibits the photocopying of birth certificates, even if you had the original in hand. [Governor's Reference Manual, 11/2001, p22]

Q: How do translation affidavits work?

A: If you need a document translated from Spanish to English, we have a number of Spanish speaking translators available. They will translate your document and the translated document will look very similar to the original. The translator will be given an oath and will sign an affidavit stating that they have accurately translated the attached document. Their signature is notarized, not the person who brought the original document to Notary Mobile Services. This could take a couple of days depending on the availability of the translator. There would be a fee for the translator in addition to the notarial certificate.

Q: Will I be asked to take an oath? [^Page Top]

A: Yes. Depending on the notarial act that's being performed, you MUST be administered the proper oath. It is required by Florida Statute. [F.S. 117.05(4)(b), 92.50(1)] You should be asked one of two questions similar to these: 1) "Do you acknowledge that this is your signature and that you are executing this document of your own free will?", or, 2) "Do you swear (or affirm) that the information contained in this document is true?". If you have gotten documents notarized previously and one of these questions were not asked of you, your document could be invalidated in a court of law. [Amerisial of North East Florida, Inc. v. Leiffer (673 So. 2d 68 [Fla. 5th D.C.A. 1996])]

Q: Can notaries be witnesses?

A: Yes. As long as there isn't a requirement to notarize the signatures of the witnesses. Notaries are not allowed to notarize their own signatures. [FL Statute §117.05(1)]

Q: Are there prohibited acts of a notary in Florida? [^Page Top]

A: Yes, several. Notary Pulbic's can NOT:

notarize photographs
notarize birth certificates as being authentic or originals
make certified copies of birth certificates, tax returns, or any other vital or public record
notarize translated documents--an affidavit of translation can be used, however
provide signature guarantees--see your bank
certify the authenticity of objects
judge contests or certifying contest results
certify a person's residency or citizenship status
prepare legal documents or immigration papers--see an attorney
notarize blank documents; including blank power of attorney forms to facilitate the sale of a motor vehicle

Q: Do I have to raise my right hand and take an oath?

A: Yes and No. We do not ask you to raise your right hand if you we are taking an acknowledgement--asking you to verify that your signature is the one on the document and that you are signing of your own free will. If, however, you ask us to notarize a jurat, we will ask you to raise your right hand and swear (or affirm) that the information contained in the document is true and correct. [FL Statute 117.03] This is no different than a clerk of the court asking you to raise your right hand prior to administring an oath before seating you on the witness stand.

Q: What constitutes proper notarization in the state of Florida?

A: A notarial certificate must be present on the document, or the signer must know which type of notarial act is to be performed. The notary can not make that determination. If in doubt, ask the person who is asking you to get the form/statement notarized.

The essential elements are: 1) the venue, 2) type of notarial act, 3) personal appearance of the signer, 4) date of notarization, 5) names of person(s) whose signature is being notarized, 6) type of identification relied upon, 7) notary's signature, 8) notary's printed name, and, 9) notary's official seal. So you can see, for documents to be properly notarized in Florida, all these elements must exist. If they don't, the document could be declared invalid in a court of law. For a notarization to be valid, it must be COMPLETE. [Florida Statute §117.05(13)]

Q: Notary Public's--What are they?

A: A notary public is a public state officer appointed and commissioned by the Governor of the state and who can perform six functions authorized by law:

Administer oaths and affirmations
Take acknowledgments
Attest to photocopies of certain documents
Solemnize marriage
Verify vehicle identification numbers (VINs) and mileage
Certify the contents of a safe-deposit box

Q: Do Florida mortgages require witnesses? What about deeds?

A: No, Florida mortgages don't require witnesses because they don't convey property in Florida, as deeds do. Deeds need to be witnessed by 2 subscribing witnesses (FS §689.01). Both deeds and mortgages, or any document concerning real property to be recorded in Florida, must conform to the recording statutue in this state (FS §695.03). Title companies or lenders could desire to have witnesses on the mortgage, and in that case, it goes beyond the state requirements. Since the signatures of the witnesses aren't notarized, the notary can, and often does, act as one of the witnesses. You'll need to locate the other witness, with proper identification. All witnesses will be asked to sign our notarial journal and be identified as a, "witness only".
NOTE: Dixie County requires 2 witnesses on deeds AND mortgages.

Q: How are written statements notarized? [^Page Top]

A: There is no difference between notarizing a written statement or a pre-printed, typed statement. The person requesting the notarization will need to determine what type of notarial act needs to be performed (jurat or acknowledgment). The notary is not authorized to make that determination. Once the determination is made, however, the appropriate notarial certificate can be printed on the document by the notary. Notary Mobile Services uses pre-printed, permanently attached certificate labels for this purpose if there is room on the form. If there isn't room, a "loose certificate" is attached to the document per Florida Statute.

Q: Does Brevard County, FLORIDA, accommodate the recording of electronic real estate documents?

A: No. Even though the FL statutes went into effect on January 1, 2008 that allow eNotarization of documents, the system to receive loan documents for recording with these counties does not currently exist. When inquired about timeframes, the county clerk said, "There haven't been any set."

Q: Are thumbprints required in Florida? [^Page Top]

A: No. Florida law does not require, nor authorize, notaries to take thumbprints from persons whose signatures they notarize. Recording a thumbprint is at the discretion of the signer. Exception: Persons enrolling in a program to acquire digital credentials for their employ, are required by the service provider to imprint their right thumbprint in the notarial journal.

Q: Can notaries certify the contents of safe-deposit boxes?

A: Yes. A notary is authorized and required to be present for the opening of the safe-deposit box. Remember, prior conditions have to be met prior to opening a safe-deposit box. The law authorizing notaries to perform this function became effective on July 3, 1992, and is found in Florida Statutes §655.94(1).

Q: Can I have a blank form notarized?

A: No. State notary law prohibits a notary from notarizing a form with blanks not filled in. If the notarial certificate is a jurat, you'd be asked to swear (or affirm) that the contents are true and correct, but you can't do that if the form lacks the information you're attesting to. [FS §117.107(3)(10)]

Q: I have a document with no notarial certificate. What now?

A: Quite a few people have been bringing documents to me who have been asked to go "get the document notarized", "get a regular notarization", or "have a notary sign the document".

In Florida there are two options: 1) the document must have a notarial certificate preprinted on the document which identifies the type of notarial act to be preformed, or, 2) the signer must specify which notarial act the document requires. Once the type of notarial act is identified, the notary can then add the appropriate notarial wording to the document and perform the notarization procedure.

There are two types of notarial certificates, jurat and acknowledgment (see next question). If the document you need notarized does not have a notarial certificate preprinted on it, ask the person or office who is making the request of you, which notarial act they need. A notary in the state of Florida CAN NOT make that determination for you. If a Florida notary puts a notarial certificate on the document without being informed as to which one applies, they are acting in the capacity of an attorney, which they are not authorized to do. [FL Statute §117.01(4)(f)]

PLEASE, make sure you know which notarial act is required OR that a certificate is already pre-printed on the document. Samples of notarial certificate wording can be found here.