Signing Hawaii states its first method of accomplishing
its mission is its commitment to:
PROVIDE honest, dependable, convenient, experienced and knowledgeable Notary,
Mobile Notary and Certified Notary Signing Agent service....
Why is it necessary to emphasize "honest" Notary service?
Aren't all Notaries Public "honest"?
Unfortunately, the answer to that question is, "No."
Not all Notaries are honest.
Members of the public have a right to EXPECT that a Notary will be diligent in
following the law and educating themselves about prudent Notarial Practices
and the responsibilities and duties of the office they fill.
Notaries who fail to do so not only risk the loss of their commission, they put
themselves at risk for lawsuits, their customers at risk of receiving a
document whose notarization may be challenged because of
improper/invalid notarization, bringing the validity of the
transactional documents into question.
Some Notaries know what is required and know what the law is, but are willing
to turn a "blind eye" to the requirements of the law in order to
"accommodate" the customer (often their employer, as in the
case of Notaries at many title/escrow companies who do
not require positive identification, or even personal
appearance by signers in front of the Notary).
Many Hawaii Notaries DAILY violate Hawaii
State law when they fail to:
Positively identify signers;
Determine that the signer understands the importance
of the document they are signing;
Determine that the signer is signing the document willingly
and without coercion by other parties;
Require personal appearance
of the signer(s) at the time of notarization (familiarity with the
signature is not a substitute for personal appearance);
Recognize the prohibition that they NOT notarize their own signatures, i.e., on
certifications concerning the taking of oral and/or written depositions;
Execute a jurat ("subscribed and sworn to before me this day...")
only after administering the oath to the signer. Most Hawaii
notaries ROUTINELY execute a jurat, stating they
have done so, when they have not;
Inspect documents being notarized to insure they are complete
and do not contain blank spaces;
Whether you are the signer requesting that a document be notarized, OR a
party to the document and relying upon the validity of a Notarial Act,
it is in YOUR BEST INTEREST that the Notary involved is,
indeed, an Honest Notary Public, who performs the duties
and responsibilities of the office with
diligence and accuracy.
Dishonest Notaries enable dishonest people
by their participation in all sorts
of illegal activities, including:
Mortgage Loan Fraud
Remember, it could be YOUR property at risk if the
Notary is not diligent in identifying the signers.
Borrowers/buyers participate in fraudulent loan transactions when they give
false information on the application and documents associated with
the purchase/refinance. An Honest Notary, upon becoming
aware of such circumstances, will refuse to
proceed with notarizing the transaction.
Theft
It is sometimes possible for an unscrupulous person, or persons, to take advantage
of others by engaging the services of a dishonest Notary Public who
intentionally does not require personal appearance (such as escrow
or title companies whose Notaries use only a photocopy of
the signers' I.D. to notarize and never see the
signer in person), or positive identification,
thereby becoming complicit and an accessory to
those perpetrating theft of some form of
property from the rightful owner.
This should be of concern to all property owners
and other citizens of the State of Hawaii.
Fully one-third of the mortgage and deeds executed in this state are
notarized by a Notary Public that did not require positive identification,
or did not require personal appearance of the signers
at the time of notarization.
This should be of great concern to the citizens of Hawaii. because
the Bureau of Conveyances of Hawaii puts the responsibility
for identifying the signers and protecting the public
against against fraud squarely at the feet of the
Notary Public who notarized the
conveyance documents.
There MUST be a MINIMUM REQUIREMENT for
Notary education, and a requirement for continuing education
for Hawaii's Notaries, to insure protection of the public.
As long as there continues to be minimal involvement by the Notary Office
in insuring that all of Hawaii's Notaries Public are Honest Notaries,
the Public is at the mercy of untrained
and/or dishonest Notaries.
While greater than some states and less than others, the lack of an education requirement for Hawaii's Notaries is the primary reason that uninformed and/or dishonest
Notaries continue every day to perform notarial acts that fall
way short of the requirements of Hawaii State law.
For all of the reasons stated above:
PLEASE support MANDATORY and CONTINUING education requirements
for Hawaii's Notaries Public.
