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FAQs

Your Questions Answered

  • What is a notary public and what do they do?
    A notary public in Texas is a public officer commissioned by the state to serve as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These acts are called notarizations, or notarial acts. Notaries verify the identity of signers, ensure they understand the documents they are signing, and are willing to sign without coercion.
  • What general services does Nightly Notary provide?
    A notary provides several services, including: Acknowledgments: Verifying that a signer willingly signed a document. Jurat: Administering oaths and affirmations and witnessing the signing of documents. Oaths/Affirmations: Verifying a person's commitment to truthfulness. Copy Certifications: Verifying that a copy of an original document is true and correct (only for certain documents in Texas). Protests: Noting dishonor of negotiable instruments.
  • Can a notary provide services in a language other than English?
    Yes, a notary can notarize a document in a foreign language as long as the notary is able to communicate with the signer and the notarial certificate is in English (or the official language required). The notary does not need to understand the content of the document.
  • What documents can be notarized?
    Notaries can notarize a wide variety of documents, including: - Real estate documents (e.g., deeds, mortgages) - Loan documents - Affidavits - Wills and trusts - Powers of attorney - Business contracts - Adoption papers To see a list of common documents that are notarized visit our Resource Library for more information. Note: Notaries in Texas cannot certify copies of birth certificates, death certificates, or any document issued by a governmental entity.
  • Do you offer online or remote services?
    We do! We offer online and mobile notary services. We can assist with online notarizations any time of day or night. See our services page to obtain details or schedule an appointment.
  • Are notaries responsible for the content of the documents they notarize?
    No, notaries are not responsible for the content of the documents. Their role is to verify the identity of the signers and ensure the documents are signed willingly and knowingly.
  • Can a notary refuse to notarize a document based on its content?
    A notary cannot refuse to notarize a document based on its content if all legal requirements are met. However, the notary can refuse if the document appears incomplete, contains blanks, if the notary suspects coercion or fraud, or if the signer does not meet identification or willingness criteria.
  • What is a signature witnessing?
    Signature witnessing is a notarial act where the notary witnesses the signing of a document, verifies the identity of the signer, and then signs and dates the document. This is different from an acknowledgment or jurat.
  • What do I need to bring to a notary appointment?
    You will need to bring the document(s) to be notarized, a valid form of identification (such as a driver's license or passport), and any additional witnesses if required by the document.
  • How do I verify if a notary is legitimate?
    You can verify a notary's legitimacy by checking their commission details with the state's notary public database or contacting the state's notary regulatory agency. A valid notary will have an active commission number and credentials.
  • Can a notary certify a copy of a document?
    Yes, a notary can certify a copy of certain documents, such as passports or academic transcripts, by verifying that the copy is a true and accurate reproduction of the original. This service varies by state law.
  • Are there any special requirements for notarizing documents in Texas?
    In addition to having the proper identification, signers must be present in person (or virtually for online notarizations) and willing to sign the documents without duress.
  • Do you offer fingerprinting or background checks?
    Notaries in Texas do not typically offer fingerprinting or background checks as part of their services. These services are usually conducted by law enforcement agencies or specialized third-party providers. However, we can guide you on where to obtain these services if needed.
  • What is an online notary?
    An online notary is a notary public authorized to perform notarizations over the internet using digital tools. Texas allows notaries to perform Remote Online Notarizations (RON), enabling signers to appear before the notary via a secure audio-video connection.
  • How does the online notarization process work?
    The online notarization process involves: 1. Verification: The signer’s identity is verified using a secure ID verification process. 2. Audio-Video Connection: The signer and notary connect via a secure video platform. 3. Review and Sign: The signer reviews and electronically signs the documents in the notary's presence. 4. Notarization: The notary completes the notarization by applying a digital signature and seal. 5. Record Keeping: The session is recorded, and a copy of the recording and notarized documents are kept for legal purposes.
  • What technology do I need for an online notarization?
    For online notarization, you will need: A computer or device with a webcam and microphone A reliable internet connection A valid form of ID (usually scanned or photographed for verification) Access to an email account for receiving documents
  • Is online notarization legal in my state?
    Yes, online notarization is legal in Texas. The state has implemented laws and regulations allowing Remote Online Notarizations since 2018, making the process secure and legally recognized.
  • How do I schedule an online notary appointment?
    To schedule an online notary appointment, contact us through our website or by phone. We will guide you through the process, schedule a convenient time, and send instructions for the online session.
  • What is a mobile notary?
    A mobile notary travels to a client's location to perform notarial services, offering convenience for those unable to visit a traditional notary office. They provide the same services as a traditional notary, but come to you.
  • What areas do you serve with mobile notary services?
    We provide mobile notary services throughout the DFW Metroplex, including all mid-cities. Please contact us to confirm if we can travel to your location.
  • How do I prepare for a mobile notary visit?
    Ensure all signers are present, have valid identification ready, and have all necessary documents prepared and completed (but not signed) before the notary arrives.
  • How do mobile notary services work?
    Mobile notaries arrange to meet clients at a mutually agreed-upon location, such as a home, office, or coffee shop. Clients must provide valid identification and the documents needing notarization. The notary verifies the ID, witnesses the signing, and completes the notarization.
  • Are there additional fees for mobile notary services?
    Yes, mobile notary services typically include a travel fee in addition to the standard notary fees. Travel fees depend on the distance traveled and time spent, and should be discussed and agreed upon before the appointment.
  • How do I schedule a mobile notary appointment?
    You can schedule a mobile notary appointment by: 1. For immediate scheduling click the link below and set up your appointment: 2. Visit our Contact and Support page and submit an inquiry. Provide details about your location, the type of documents, and preferred appointment time. We will confirm availability and any applicable fees. 3. Call or text 817.863.6173
  • What is a loan signing agent?
    A loan signing agent is a notary public who specializes in handling and notarizing loan documents for real estate transactions. They ensure that documents are properly signed and notarized, and they guide signers through the paperwork involved in loans.
  • What types of loans can be notarized in Texas?
    Loan signing agents in Texas can notarize a variety of loans, including: - Mortgages - Refinances - Home equity lines of credit (HELOCs) - Reverse mortgages - Commercial loans - Construction loans - Auto loans
  • Can the loan signing process be completed remotely in Texas?
    Yes, Texas allows for Remote Online Notarizations (RON), which means you can complete the loan signing process online with a certified online notary.
  • Do I need a loan signing agent for my real estate transaction in Texas?
    Yes, a loan signing agent is typically required to ensure all documents in a real estate transaction are properly signed and notarized to make the transaction legally binding.
  • How long does a loan signing appointment take?
    A loan signing appointment typically takes 45 minutes to an hour, but the duration can vary depending on the complexity of the documents and any questions the signer may have.
  • How much does a loan signing service cost in Texas?
    The cost of loan signing services can vary based on the type of loan and location, but typically ranges from $125 to $250 per signing. Additional fees may apply for travel or expedited services.
  • What happens after the loan documents are signed?
    After signing, the loan signing agent will ensure all documents are properly notarized and then return them to the lender or title company for processing.
  • Can I make corrections to the loan documents after signing?
    If you notice an error after signing, contact your lender or title company immediately. Corrections typically require another signing session with the loan signing agent.
  • How do I track the progress of my loan after signing?
    You can contact your lender or title company for updates on the processing and closing status of your loan.
  • What documents are included in a loan signing?
    A typical loan signing includes: · Loan agreements · Promissory notes · Deeds of trust or mortgages · Truth in Lending disclosures · Affidavits of occupancy · Closing disclosures · Escrow documents
  • What should I bring to a loan signing appointment?
    Bring the following to a loan signing appointment: A valid government-issued photo ID All loan documents that need to be signed (often provided by your lender or title company) Any specific instructions from your lender
  • What is an Apostille and when is it needed?
    An Apostille is a certification used for documents being presented in foreign countries (often for international legal matters). It verifies the authenticity of the notary's signature and seal. It is needed when dealing with documents for use in countries that are part of the Hague Apostille Convention.
  • How do I obtain an Apostille for my documents?
    To obtain an Apostille in Texas you will need to submit the form and the required fees. Here are the general steps: 1. Identify Documents: Ensure your document is eligible for an Apostille. 2. Notarization: Have the document notarized if required. 3. Certification: Submit the document to the Texas Secretary of State for certification. 4. Application: Complete an apostille application and pay the required fee. 5. Processing: The Texas Secretary of State will process the request and issue the Apostille. Our service can assist with the process to ensure it is completed correctly.
  • What types of documents require an Apostille?
    Common documents that may require an Apostille include birth certificates, marriage certificates, divorce decrees, educational transcripts, and business documents.
  • Can I get an Apostille for a document that was notarized in another state?
    Yes, but the Apostille must be obtained from the state where the document was originally notarized. Each state has its own process for issuing Apostilles.
  • How long does it take to obtain an Apostille?
    Processing times vary, but obtaining an Apostille from the Texas Secretary of State typically can range from a 5-10 business days. Expedited processing may be available for an additional fee.
  • What is the difference between an Apostille and authentication?
    An Apostille is used for documents to be used in countries that are part of the Hague Apostille Convention. Authentication is a similar certification for countries that are not part of the convention and often involves additional steps, such as consular legalization.
  • Are there additional fees for Apostille services?
    Yes, apostille services involve fees, including: - Notarization fees - Secretary of State certification fees - Processing and handling fees
  • What is your cancellation policy?
    Our cancellation policy allows you to cancel or reschedule appointments with at least 24 hours' notice. Cancellations with less notice may incur a fee. Contact us directly to discuss your situation.
  • How do I schedule an appointment?
    You can schedule an appointment by contacting us via phone, email, or through our website. Provide details about the services you need, preferred date and time, and any special requirements.
  • Something came up. Can I reschedule my appointment?
    Yes, you can reschedule your appointment. We understand that plans change and will work with you to find a new time. Rescheduling requests must be made at least 24 hours prior to the scheduled appointment. We will accommodate one rescheduling request free of charge. Any subsequent rescheduling requests will incur a fee of $15.00-$75.00 fee per request (depending on the service). A full list of fees associated with your service type can be found in our Terms and Agreements.
  • How much do notary services cost?
    Notary fees vary depending on the type of notarization, the number of documents, and whether additional services such as mobile notary or Apostille services are required. For specific details please click on the Services Page and submit a service request or fill out our Contact form with your specific question and we will get back with you ASAP!
  • What forms of payment do you accept?
    We accept various forms of payment, including cash, checks, credit/debit cards, and online payment methods. Please confirm the accepted payment methods when scheduling your appointment.
  • Do you offer discounts for multiple documents or signings?
    Yes, discounts may be available for multiple documents or signings, especially if they are part of the same transaction or appointment. The availability of discounts depends on the notary’s policies and should be discussed and agreed upon beforehand. Discounts can vary based on the volume and complexity of the documents.
  • How do I receive a receipt for services?
    Receipts for notary services are typically provided upon request. You can receive a receipt via email, physical mail, or in-person at the time of service. Make sure to ask the notary for a receipt if needed for reimbursement or record-keeping purposes.
  • Are there any additional fees for travel or expedited services?
    Yes, there are additional fees for travel and expedited services. In Texas, notaries are allowed to charge travel fees in addition to the standard notary fees. Travel fees are not regulated by the state, so they should be agreed upon in advance between the notary and the client. Expedited services may also incur additional charges, especially for services needed outside of regular business hours or on short notice.
  • When is payment due for my service?
    Service charges must be paid in full at the time of booking. All applicable cancellation fees will be deducted from the original payment method used for booking. By scheduling an appointment, clients agree to these terms and conditions and authorize the deduction of any applicable cancellation fees.
  • What is your refund policy?
    The refund policy for notary services typically states that fees are non-refundable once services have been rendered. If the notary was unable to perform the notarization due to their own error, a refund may be offered.
  • How do I request a refund?
    To request a refund, contact us via email at nightlynotary1@gmail.com. Subject Line: Refund Request Provide details about the transaction, including the date, location, and reason for the refund request. Keep any relevant documentation or receipts handy to support your request. Please allow up to 2-3 business days to process your request.
  • What is the difference between an acknowledgment and a jurat?
    An acknowledgment is a notarial act in which the signer acknowledges that they executed the document willingly. A jurat, on the other hand, requires the signer to swear or affirm the truthfulness of the contents of the document and sign it in the notary's presence.
  • What forms of identification are acceptable for notarization?
    In Texas, signers must present a valid form of identification that includes a photograph, signature, and a physical description. Acceptable IDs include: - Texas driver’s license or state ID card - U.S. passport - U.S. military ID card - Foreign passport (if it’s stamped by the U.S. Citizenship and Immigration Services)
  • Can I use an expired ID for notarization?
    No, notaries cannot accept expired IDs. The identification must be current and valid at the time of notarization.
  • What should I do if I do not have valid identification?
    In Texas, notaries can verify a signer's identity using other forms of identification if the signer doesn't have a valid, non-expired, government-issued ID: · Personal knowledge - If the notary has interacted with or associated with the signer, they can use their personal knowledge to verify the signer's identity. · Credible witness - f the notary doesn't know the signer personally, they can have the signer take the oath of a credible witness who does. The witness must be believable, personally know the signer, and the notary must also personally know the witness. The notary then places the witness under oath to swear or affirm the signer's identity.
  • Do I need to bring identification to have a document notarized?
    Yes, you need to bring valid identification to have a document notarized.
  • Can a notary notarize a document for a person who is not physically present?
    No, except in the case of remote online notarization (RON), the signer must be physically present before the notary at the time of notarization.
  • What should I do if my name has changed since the document was issued?
    If your name has changed and your ID hasn't been updated, you should provide additional documentation to verify the name change, such as: - A marriage certificate - A divorce decree - A court order Bring these documents along with your current ID to show the connection between your old and new names. It's important to update your ID as soon as possible to avoid any issues in the future.
  • Can a notary notarize a document for someone who is unable to sign due to a physical disability?
    Yes, the notary can assist individuals with physical disabilities. The person can use a mark, such as an "X," or direct another person to sign on their behalf in the notary's presence, depending on state laws.
  • Are photocopies of IDs accepted?
    In Texas, photocopies of IDs are not accepted for notarization. A notary must verify the signer's identity using an original, government-issued photo ID, such as a driver’s license or passport. The ID must be current or issued within the last five years. This is to ensure the identity of the signer and to prevent fraud.
  • What laws govern notaries in Texas?
    Notaries in Texas are governed by: · Texas Government Code, Chapter 406: This code outlines the appointment, powers, and duties of notaries public in Texas. · Texas Administrative Code, Title 1, Chapter 87: This includes the rules that further define and regulate notary practices, including record-keeping, fees, and electronic notarization. · Texas Civil Practice & Remedies Code, Chapter 121: This addresses acknowledgments, oaths, and other formalities. These laws establish the framework for notarial acts and ensure the integrity and reliability of notarizations in Texas.
  • Can a notary prepare legal documents or give legal advice?
    No, notaries are not authorized to provide legal advice or draft legal documents unless they are also licensed attorneys. If you need legal advice, please consult with a qualified attorney.
  • Are notaries allowed to provide legal advice?
    No, notaries in Texas are not allowed to provide legal advice unless they are also licensed attorneys. Notaries must refrain from advising clients on legal matters, preparing legal documents, or suggesting legal courses of action. Doing so could constitute the unauthorized practice of law, which is illegal.
  • How can I verify a notary’s commission?
    You can verify a notary's commission in Texas by: · Checking the Texas Secretary of State's online notary database. · Contacting the Texas Secretary of State’s office directly. This will provide information about the notary's commission status, expiration date, and any disciplinary actions. It’s important to ensure that the notary is in good standing and authorized to perform notarizations.
  • What is the notary's role in preventing fraud?
    The notary’s role in preventing fraud includes: · Verifying Identity: Confirming the identity of signers through valid identification. · Ensuring Willingness: Ensuring that signers understand the documents and are signing voluntarily. · Maintaining Records: Keeping a detailed notary journal of all notarial acts performed. · Detecting Coercion: Observing and identifying any signs of coercion or undue influence. · Protecting Confidentiality: Safeguarding the privacy of signers and their documents. By performing these duties, notaries help prevent fraudulent activities and ensure the legitimacy of transactions.
  • What should I do with my notarized documents?
    After notarization, you should: · Store the original documents in a secure place, such as a safe or lockbox. · Create copies for your records and any necessary parties. · Submit or file the documents as required for their intended purpose. Maintaining the integrity and security of notarized documents is crucial for their legal and practical use.
  • How do I track the status of my document after notarization?
    Tracking the status of a document depends on its type and purpose: Legal Documents: Contact your attorney or legal representative. Real Estate Documents: Follow up with your real estate agent or title company. Government Documents: Contact the relevant government agency or department. Each type of document may have specific channels for tracking and updates.
  • Can I request additional copies of notarized documents?
    While you can request copies of notarized documents, only the original notarized document holds legal significance. If additional notarizations are needed, each must be completed separately with the original document.
  • What happens if a document is rejected after notarization?
    If a document is rejected after notarization due to a notary error (e.g., improper notarization), the notary may correct the error at no additional charge. If the rejection is due to reasons unrelated to the notarization (e.g., incorrect document preparation), the notary is not typically responsible. It's important to verify document requirements before notarization.
  • What are common reasons for document rejection?
    Common reasons for document rejection include: Incomplete Notarial Certificate - Missing notary signature, seal, or date. Incorrect Signer Identification - ID not matching the document. Document Alterations - Unauthorized changes or corrections. Non-compliance with State Requirements - Document not meeting specific legal criteria. Ensuring accuracy and compliance can prevent rejections.
  • How should I resolve a rejected notarization?
    To resolve a rejected notarization: Identify the Issue - Understand the reason for rejection. Correct Errors - Address any notarial or document errors. Consult with a Professional - Seek legal or notarial guidance if needed. Re-notarize - Have the document notarized again after corrections. Promptly addressing issues can minimize delays and complications.
  • What should I do if I have questions about my document?
    If you have questions about your document: Consult with an Attorney: Obtain legal advice for complex documents. Ask the Document Preparer: Contact the person or entity that prepared the document. Research Requirements: Review any legal or procedural requirements. Notaries cannot provide legal advice, so consult the appropriate professional for guidance.
  • What is the notary's responsibility if there's an error in the document?
    A notary’s responsibility is limited to the notarization process itself. If there is an error in the notarial certificate or procedure, the notary should correct it. However, if the error is in the document’s content, it is the responsibility of the document preparer or signer to address it.
  • How can I ensure my documents are properly prepared for notarization?
    To ensure your documents are ready for notarization: Verify Completeness - Ensure all required information is filled out. Review for Accuracy - Check for any errors or inconsistencies. Bring Proper Identification - Have acceptable ID ready for verification. Understand the Document - Make sure you understand the content and purpose. Preparation and attention to detail
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