Journaling: How

Journal - Notary Public Records

• Rules and Regulations

1. Securing the Journal
   1. No person except the notary public is allowed access to the notary public’s journal outside of the notary public’s presence including an employer who paid for the notary public’s journal.
      1. Like the seal, the journal must be stored in a locked and secured area that is under the direct and exclusive control of the notary public.
      2. For example: a locking file cabinet, a safe, or a locked office.
      3. An office safe or file cabinet that any other person has access to is not an area under the direct and exclusive control of the notary public.
      4. Note: it is unacceptable to keep the journal in a locked desk at home, if other family members have access to the contents of the desk.

• One Active Journal

1. A notary public is required to keep one active sequential journal at a time of ALL notarial acts performed as a notary public.
   1. Keeping more than one active journal is never allowed.
      1. For example: if a notary public performs notarial acts at multiple offices, that notary public cannot use and store a separate notarial journal at each office.
      2. Instead, that notary public must use one journal and take that one journal to each office where services are performed.

• Sequential Recording of Official Acts

1. The journal entries must be made sequentially by recording each notarial act in order of occurrence one after the other.
2. All official acts performed as a notary public must be recorded in the notary public’s active journal at the time the act is performed.

• Completed Journals

1. The notary public is required to maintain all of his/her journals until the notary public resigns, is disqualified, removed from office, or allows the commission to expire.

• Journal Entry

1. The notary public journal entry should be full and complete. The journal must include all of the following items:
   1. Notarial Act
   2. Type of Official Notarial Act Performed
      1. Acknowledgment, Jurat, Proof of Execution, etc.
      2. Best Practices Tip: A notary should not write an obscure abbreviation or acronym to describe type of act. This may avoid confusion or misunderstandings as to the contents of the journal entry and type of notarial act.

Title of Document

1. Character/Title of every instrument sworn, affirmed, acknowledged, or proved before the notary public - e.g. Deed of Trust, etc.
   1. Note: Signatures on grant deeds are acknowledged. The journal entry for a grant deed will describe the character/title of the instrument/document as a “Grant Deed” and type of notarial act performed as an “Acknowledgment.”
   2. More than one document: the notary public must record the title or character of each document that contains notarized signatures.
      1. A separate line must be used for each document.
      2. For example: If a notary public completes an Acknowledgment certificate on a “Deed of Trust” and an Acknowledgment certificate on a “Promissory Note,” the notary public must record on separate lines in the journal that the “Deed of Trust” and the “Promissory Note” were the character/title of the instruments/documents with completing each line of the journal, in full.
      3. The notary public cannot simply state that “loan docs” or “closing documents” were acknowledged.

• Identity of Signer

1. A statement as to the identity of a person making an Acknowledgment or taking an oath or affirmation must be based on Satisfactory Evidence only.
   1. When using Specified Paper Identification Documents to identify the signer, the journal must include:
      1. ✓ Governmental agency issuing the document,
         ✓ Type of identifying document,
         ✓ Serial or identifying number of the document, and
         ✓ Date of issue or expiration of the document.
         ▪ (e.g., [State] Department of Motor Vehicles, driver’s license, #X00000, 00/00/00)
   2. When using Credible Witness(es) to identify the signer, the journal must include:
      1. ✓ Signature(s) of the Credible Witness(es)
         ✓ Specified Paper Identification Documents information of the Credible Witness(es) swearing or affirming to the identity of the individual, the journal must include:
         ▪ Governmental agency issuing the document,
         ▪ Type of identifying document,
         ▪ Serial or identifying number of the document, and
         ▪ Date of issue or expiration of the document
         • (e.g., [State] Department of Motor Vehicles, driver’s license, #X00000, 00/00/00)

• Date and Time
  1. Both date and time the notary public performed the notarial service must be entered.
     1. The time may be written in standard or military format, but the law requires the time of the act to be recorded.
     2. The date alone is insufficient.
• Notary Fee

1. The actual amount charged for each signature is entered in the “Fee” column of the journal.
   1. Only notarial fees are to be listed in the “Fee” column of the journal.
      1. If there are additional charges for travel or other services, those additional charges may be itemized in the “additional information” or “comments” column to distinguish those types of fees from notarial act fees.
   2. If no fee is charged, “0” or “No Fee” should be entered in the “Fee” column.
      1. The “Fee” column cannot be left blank.

• Signature of Signer

1. The signature of each person whose signature is being notarized
   1. Note: the printed name and address of the signer are not required to be entered in the journal.
      1. Best Practices Tip: For good business practice, it may be prudent to include these for future lawful inspection.

• Thumbprint

1. The right thumbprint of the signer is required to be entered in the notary’s journal.
   1. Types of documents requiring a thumbprint:
      1. ✓ Power of Attorney ✓ Deed ✓ Quitclaim Deed ✓ Deed of Trust ✓ All documents affecting real property.
      2. Note: A thumbprint is not required when notarizing a trustee’s deed resulting from a decree of foreclosure, a non-judicial foreclosure, or a deed of reconveyance.
      3. Best Practices Tip: Obtain a thumbprint for every notarized document.
2. If the Right Thumbprint is Not Available:
   1. The notary public shall have the signer use his or her left thumb or any available finger.
      1. An explanation as to the reason why the right thumb was not used and which digit was used shall be entered in the journal.
3. Note: If the party signing the document is physically unable to provide a thumb or fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation of that physical condition.
   1. Failure to obtain a required thumbprint:
      1. Possible Actions: Commission Revocation or Suspension, or Application Denial, and $2,500 Civil Penalty.

Remember: Slow down and be thorough so that you will avoid mistakes. It will pay off in the long run if your journal is ever examined.

A quick five-point checklist:

1. correct venue,
2. verbiage for Acknowledgment and Jurat certificates,
3. properly identify the signer,
4. placement of notary seal and signature at the time of signing, and
5. administer oaths as needed.