Quick Answer
Notary fraud occurs when someone intentionally falsifies or tampers with notarized documents — such as forging signatures, notary stamps, or certificates — to mislead, misrepresent, or commit fraud. Because notarized documents are trusted as authentic and legally binding, fraud of this type can lead to significant financial loss, property disputes, and legal complications if not identified early.
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When you’re about to process legal paperwork as a homeowner, or as a homeowner to be, no one wants to think they can become a victim of fraud. Notary fraud is a little-known but highly effective way for criminals to take control of your funds and your property, especially in the vulnerable communities we’ve identified below. Let’s take a look at the basics of notary fraud and how it could affect you or someone you love.
What is Notary Fraud?
Notary fraud happens when a person manipulates notarized documents through forgery, improper notarization procedures, or misrepresentation to deceive another party or a public office. According to the National Notary Association (NNA), common schemes include forging signatures in the presence of a notary, altering documents after notarization, and using fake or expired notary seals — all of which undermine the integrity of notarized records.
The American Bar Association (ABA) emphasizes that notarized documents often carry extra legal weight, which is why fraudsters are incentivized to target them. Because notarization is intended to verify identity and willingness to sign, improper notarization can facilitate scams ranging from real estate fraud to power-of-attorney abuse and financial misrepresentation.
What is a Notary Public?
The National Notary Association defines a notary public as “an official of integrity appointed by state government — typically by the secretary of state — to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents.”
When Do You Need a Notary?
If you’re buying or selling a home, you’ll need the services of a notary to verify your true identity when signing the official deed and mortgage documents. This also includes having a notary attest to your understanding of the transaction and your willingness to sign the documents without any form of duress while ensuring the correct amount of the sale price is deposited into a trust account.
How Does Notary Fraud Occur?
Notary fraud can occur when a notary intentionally notarizes a false signature, but it can also happen unbeknownst to the notary in the following ways:
- a criminal can use fake identification to impersonate the true owner when signing documentation
- an official notary stamp can be stolen and used to forge counterfeit property deeds
- a thief falsely posing as a notary can charge exorbitant fees for their services
Who Are the Most Vulnerable Victims of Notary Fraud?
Many times the elderly and immigrants are easy targets for notary fraud. Either group can end up spending thousands of dollars for services that are never rendered. Confusion easily occurs because in many European and Latin American countries a notary public is an actual lawyer, whereas in North America a notary is only authorized to witness signatures. Fake notaries may represent themselves as being able to legally office advice when it comes to homeownership and dealing with the government, whereas they actually hold no authority to do so. Vulnerable people in primarily immigrant neighborhoods may be targeted through advertisements and websites offering fraudulent notary public and/or immigration services. They may also try to charge victims for government forms that can be obtained for free.
The Consequences of Notary Fraud
If you’re a victim of notary fraud, depending upon the circumstances, you could be in jeopardy of losing your home. If you’re about to pay a type of deposit on a home you want to purchase, never give the funds directly to the seller, the money must go through a notary or lawyer, or you could lose your funds outright. You could become the victim of a legal battle down the road if notary fraud has occurred with the purchase of your home – the criminal charges and court dates could drag on for months, if not years to come. In the meantime, you may not be legally entitled to live in your home until the matter is solved.
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FAQ
What Is Notary Fraud?
Notary fraud is the intentional falsification, alteration, or improper use of notarized documents or seals to mislead someone or commit fraud.
How Does Notary Fraud Happen?
Notary fraud can occur when signatures are forged, documents are altered after notarization, notaries fail to verify signer identity, or fake notary seals and certificates are used to make fraudulent documents appear authentic.
What Are Common Signs of Notary Fraud?
Red flags include mismatched signatures, poorly placed or blurry seals, incorrect dates, notarization without proper identification, and documents that seem modified or inconsistent with original terms.
Can Notary Fraud Affect Property Ownership?
Yes. Because many property transfers and deeds require notarized signatures, notary fraud can be used to forge transfers, create fake liens, or facilitate fraudulent sales, leading to costly legal disputes and ownership questions.
Who Is Most at Risk for Notary Fraud?
Individuals involved in high-value legal transactions — such as real estate deals, powers of attorney, wills, and financial agreements — are most at risk, especially if they rely on third parties to handle paperwork without oversight.
How Can I Protect Myself From Notary Fraud?
Protecting yourself starts with verifying a notary’s credentials, watching the signing process when possible, and reviewing all notarized documents carefully before and after signing. Using services like HomeLock™ from DomiDocs® can also help by monitoring property records and alerting you to unauthorized changes that may stem from improperly notarized documents or other fraudulent activity.