But how is this mess even possible? How does an American notary public work? Over here, notaries public have a bit more powerful position, and they damn sure keep a copy of each document too - and you can ask them a copy for a modest fee.
I'm a notary public and certified loan signing agent, which means I am able to oversee the signing of mortgage documents (and notarize where necessary). I can only answer for California notaries, though, as each state has its own laws.
To qualify as a notary in California, I had to take a day-long class and pass a test, turn in a 2-inch passport-sized photo, and have a Live Scan of my fingerprints, which are sent to the Department of Justice for a background criminal check. Upon approval by the Secretary of State, I must be sworn in by the County Clerk or another notary in my county before I am issued my commission and permit to acquire a stamp (seal).
To qualify as a loan signing agent, I took another 3-hour class and passed another test in order to walk people through their mortgage papers. I do not explain anything (notaries are NOT lawyers), but I point out where every signature and initial must go, and notarize where necessary.
The two main types of notarizations are affidavits and jurats. I cannot tell signers which document they need - the must tell me. I must make absolutely sure that the language of the affidavit or jurat conforms to California state law, so if the document that is part of the package I've given does not conform, I put in my own document, which is stapled to the other page.
An affidavit is a formal sworn statement of fact, signed by the author (aka affiant or deponent), and witnessed by me (the notary) as to the signature's authenticity.
A jurat is a statement of oath or affirmation to an affidavit, and I (the notary) administer the oath/affirmation. So, I can swear people in for testimony, if necessary. As a matter of record, almost all court reporters are also notaries, so they can swear in people for depositions, which usually take place in a law office.
I keep a ledger book in which I record each notarization. I require a picture ID - usually a driver's license, but I just did one with a passport. I witness the signature, fill in the ledger, then have the signer sign the ledger and put their right thumb print on it. Besides the signature and thumb print, the information in the ledger includes the date of the signing, type of document, the type of identification with number, state of issue and expiration date, time of the signing, location of the signing, and address of the signer.
If a person is illiterate or unable to write, I can witness a mark instead of a signature. I have actually done this with a terminally ill client who could no longer write. I occasionally do pro bono work in hospitals, so this does happen.
If I do not believe the signer is competent, I will refuse to do the notarization. This has also happened to me with another hospital patient.
I am entrusted to keep the ledger and seal locked and safe. I will not release the ledger to anyone unless it is the subject of a warrant or subpoena issued by a judge, which will be reported to the Secretary of State's office, as required by law. Even if my employer paid all my notary costs, it still could not access my ledger. It is my sole responsibility.
If my ledger or seal is lost or stolen, I must report it to the Secretary of State, by law. When I am performing notarial duties, I never leave the ledger or stamp out of my sight, which means if I go to the restroom, they do, too.
I carry a surety bond of $24,000 which is state mandated, as well as errors and omissions insurance of $100,000, which I have because I perform as a loan signing agent.
It's a grave responsibility to be a notary, and I'm gobsmacked that people notarized clearly forged documents. I actually shuddered when I read that.
