Notary Responsibility or Company Oversight? Let’s Talk About It.

Is it the notary’s job to track down a witness and manage the seller’s schedule? Or should the company communicating with the seller handle that ahead of time—before the notary even arrives?

As a notary, there’s nothing more frustrating—or risky—than receiving a set of instructions that are unclear, contradictory, or unrealistic. Recently, I was handed signing instructions that raised several concerns, especially around witness requirements for a deed correction.

The instructions stated that a family member could not serve as a witness due to a potential conflict of interest—but the notary was allowed to act as one of the witnesses and notarize the same document. That level of dual responsibility might seem convenient, but it also invites confusion and potential liability. How do we reconcile that?

Let’s take it further.

The same instructions required the notary to make sure the seller had an additional witness present—without any mention of the company contacting the seller in advance to prepare for that. In this case, the notary was also expected to set the appointment, collect IDs and voided checks, review disbursement forms, and scan back the full package before dropping it with FedEx.

All of this leads to several critical questions for our industry:

Should the notary be responsible for informing the signer that they must find a witness?

Is it the notary’s job to manage the logistics and timeline of the appointment?

Or should that responsibility fall to the company that is working directly with the seller?

This conversation isn’t just about paperwork—it’s about professional boundaries and best business practices. It’s also about evaluating which companies are worth working with and which may be putting notaries at unnecessary risk.

We’re seeing more and more fee deductions for errors caused by improper notarizations—errors that often happen due to rushed timelines, vague instructions, or unclear communication between companies and clients. When companies push responsibilities onto notaries that belong elsewhere, it not only adds pressure, it increases the chances of mistakes.

So let’s talk about it.

What should the notary’s role really include? And how can we as a community advocate for clearer guidance, stronger ethical practices, and better working relationships with signing companies?

Drop your thoughts below. Let's raise the standard together.