Notarize
In real estate, to “notarize” refers to the process of certifying or authenticating a document by a notary public. Notarization involves the notary public verifying the identity of the signatory, witnessing the signing of the document, and affixing their official seal or stamp to the document to indicate that it was signed in their presence and that the signatory’s identity was verified.
Key aspects of notarization in real estate include:
1. Legal requirement: Many real estate documents, such as deeds, mortgages, leases, and powers of attorney, require notarization to be considered valid and legally enforceable. Notarization provides an added layer of assurance regarding the authenticity and integrity of the document and helps prevent fraud or undue influence.
2. Identity verification: As part of the notarization process, the notary public verifies the identity of the signatory by examining government-issued identification, such as a driver’s license or passport. The notary may also require the signatory to provide additional evidence of identity, such as a social security number or other identifying information.
3. Witnessing the signing: The notary public observes the signatory as they sign the document to confirm that the signature is genuine and made voluntarily. The notary may also administer an oath or affirmation to the signatory, depending on the nature of the document being notarized.
4. Seal or stamp: Once the document has been signed and witnessed, the notary public affixes their official seal or stamp to the document, along with their signature, commission expiration date, and any other required information. The seal or stamp serves as evidence that the document was properly notarized and attests to the validity of the signatures and the identity of the parties involved.
In Virginia, the notarization process is governed by the Virginia Notary Public Act, which is codified in Title 47.1, Chapter 2 of the Virginia Code. The Virginia Notary Public Act sets forth the qualifications, powers, duties, and responsibilities of notaries public, as well as the procedures and requirements for notarizing documents.
Under Virginia law, notaries public are authorized to perform various notarial acts, including acknowledgments, jurats, oaths, affirmations, and copy certifications. Notaries public must adhere to strict guidelines and procedures to ensure the proper execution of notarial acts and compliance with legal requirements.
Overall, notarization plays a critical role in real estate transactions by providing assurance of the authenticity and validity of important documents. Notaries public serve as impartial witnesses to the signing of documents and help protect the interests of all parties involved in the transaction.