DETROIT – Notaries are the first line of defense against fraud, but is the state notary program really protecting the public?
When you sign a legal document -- like a contract or a will -- your document will usually need to be notarized... Signed in the presence of a state-commissioned notary. The function of a notary is simple: Making sure a person signing a document is who they say they are.
There are allegations the state notary program could be out-of-date.
Two notaries reached out to Local 4 after they saw “Dirty Deeds,” our story about the problem of fake real estate deeds. By law, property deeds must be notarized before they’re filed with the county. The notaries claim Michigan’s notary program is so outdated that it could create legal problems for the public.
The Michigan Notary Association says Michigan’s notary program is flawed for the following reasons:
1 -- The state doesn’t require notary stamps, embossers or journals
The notary stamp is a well-known symbol of trust, but it’s not a requirement for Michigan notaries.
“They don’t mandate stamps and embossers and or even a journal,” said Deborah Lowery of the Michigan Notary Association. “All those little things along the way help prevent fraud.”
2 -- There is not a notary commission number system for identifying individual Michigan notaries
There are about 113,000 commissioned notaries in Michigan, but the state doesn’t have a numbered notary identification system. That can make things confusing. For example, there are five notaries in Michigan named William Jackson and four notaries named David Smith -- and that’s just in Oakland County. There are five more notaries named David Smith around the state. There are nine notaries in Michigan named Jennifer Brown.
Lowery, with the Michigan Notary Association, said the lack of identifying numbers could be a big problem if your documents are ever called into question.
“It could be a guessing game,” Lowery said. “Other states have commission numbers. I don’t know why we couldn’t enact it here. It’s just another layer of fraud protection.”
3 -- The state does not require notary training
Nowhere in the state rules says that notaries must be trained. Suppose you write a will -- you have it signed, notarized and filed with the county -- it could take years before your family discovers any problems with how it’s notarized.
“There are mistakes that happen because notaries aren’t trained,” Lowery said.
Many times, banks or courts just reject improperly-notarized documents.
When someone in Monroe County tried to register a legitimate property deed, the county rejected it due to numerous problems with how it was notarized. And in Oakland County, one-third of deed rejections are notary-related.
The Michigan Notary Association has been taking note. The group has been meeting with county deeds offices to understand how the state’s notary program impacts everyone. They said it’s time to change the state’s notary laws.
Neither of the state representatives they’ve been in contact with returned our calls.
Of the 113,000 notaries in the state, many are attorneys or bankers. Some will come to your location for notary services. Also, Michigan law states notaries can only charge $10 for each signature notarized.