If you notarize something incorrectly, or discover that a notary made a mistake on your document, the consequences depend on how serious the error was and whether it was deliberate. A clerical slip usually means the document gets rejected and the notarization has to be redone. A conflict of interest can make the notarization voidable. Negligence that costs someone money can lead to a civil lawsuit against the notary. And an intentional act, like notarizing a forged signature, can bring criminal charges, commission revocation, and jail time.
Here is what each of those outcomes actually looks like, and what to do next.
What Happens to the Document
An incorrectly notarized document can be rejected by courts, county recorders, lenders, and government agencies. A real estate deed with a flawed notarial certificate may be refused for recording, which stalls the legal transfer of property until the notarization is corrected. Powers of attorney and sworn affidavits can be treated as unenforceable when the notarization is defective.
A notary error does not always destroy the underlying agreement between the parties, though. The Revised Uniform Law on Notarial Acts, adopted in some form by a growing number of states, says that except where the notary had a prohibited personal or financial interest, “the failure of a notary public to perform or omit to perform a duty or act required by this [act] does not invalidate a notarial act performed by the notarial officer.”1Uniform Law Commission. Revised Uniform Law on Notarial Acts (2021) So a technical slip like a missing date or an incomplete venue might not void the notarization outright, but it can still trigger a rejection by a recorder’s office or a challenge in court. The practical effect is the same: delay, cost, and uncertainty until the paperwork is corrected.
When a document is rejected, the transaction it was meant to finalize cannot proceed. A loan closing stalls. A trust doesn’t take effect. A property transfer doesn’t record. The parties typically have to meet again, re-sign or re-acknowledge the document, and have it properly notarized from scratch. If any party is unavailable or uncooperative, that can escalate into a legal dispute.
The One Error That Makes a Notarization Voidable
Conflict of interest is treated far more seriously than a clerical mistake. Under the model law, a notary cannot notarize any document in which the notary or the notary’s spouse has a direct beneficial interest, and a notarization performed in violation of that rule is voidable.1Uniform Law Commission. Revised Uniform Law on Notarial Acts (2021) A notary who notarizes a deed transferring property to themselves, or who has a financial stake in the transaction, produces a notarization that any affected party can challenge and have set aside. This is the one scenario where the model law treats the notarization itself as fundamentally compromised rather than merely flawed.
What Happens to the Notary
A notary who gets it wrong can face three separate kinds of trouble at once: a lawsuit from anyone who lost money, discipline from the state that issued the commission, and in the worst cases, criminal prosecution.
Civil Lawsuits for Financial Losses
A notary who causes financial harm through negligence can be sued personally for damages. The classic scenario: a notary fails to verify identity, an imposter uses that notarization to fraudulently transfer property, and the true owner sues the notary for the loss. Damages in cases like these can reach the full value of the property or transaction.
To win, the person suing generally must show that the notary failed to follow required procedures and that the failure directly caused the harm. A notarization error that embarrassed someone but didn’t cost them money is unlikely to support a civil claim. Where the link between the mistake and the loss is clear, though, courts hold notaries accountable.
Deadlines for filing these lawsuits vary by state. Some states set relatively short windows tied to general negligence statutes; others have specific limitation periods for claims against notaries. Waiting too long can forfeit the claim entirely.
Surety Bonds and E&O Insurance
Around 29 states and the District of Columbia require notaries to carry a surety bond as a condition of holding a commission. Bond amounts range from as low as $500 to as high as $25,000 depending on the state. The bond exists to protect the public, not the notary. If a notary’s error or misconduct causes someone financial harm, that person can file a claim against the bond and recover up to the bond amount. But the surety company pays the claim first and then comes after the notary for reimbursement, so the bond functions more like a guaranteed line of credit than insurance for the notary.
Errors and omissions insurance works differently. If someone sues over a notarial mistake, E&O coverage helps pay legal defense costs and any settlement or judgment, and the notary doesn’t have to reimburse the insurer afterward. No state currently requires E&O insurance for traditional notaries. It does not cover intentional misconduct or fraud.
Administrative Discipline From the Commissioning Authority
The state authority that issued the notary’s commission, typically the Secretary of State, has broad power to investigate and punish misconduct. Under the model law, the commissioning authority can deny, suspend, revoke, or impose conditions on a notary commission for any conduct demonstrating a lack of honesty, integrity, competence, or reliability. Specific grounds include failure to comply with notary laws, fraud or dishonesty in the commission application, conviction of a felony or any crime involving dishonesty, and failure to discharge required notary duties.1Uniform Law Commission. Revised Uniform Law on Notarial Acts (2021)
Penalties scale with the seriousness of the violation. A minor or first-time error often draws a formal letter of warning or a requirement to complete additional notary education. Repeated or more serious violations can bring fines, temporary suspension of the commission, or restrictions on the types of notarizations the notary can perform. Egregious or fraudulent conduct can result in permanent revocation.
Resigning or letting a commission expire does not stop an investigation. Commissioning authorities can pursue the matter to a conclusion and make the findings part of the public record, which effectively prevents the notary from being recommissioned.1Uniform Law Commission. Revised Uniform Law on Notarial Acts (2021)
Criminal Charges for Intentional Misconduct
When a notary’s errors cross the line from negligence into deliberate fraud, the consequences shift from administrative and civil to criminal. A notary who knowingly notarizes a forged signature, certifies a document they know contains false information, or performs notarial acts designed to deceive can face charges including forgery, fraud, or perjury depending on the state.
Severity varies. Some states treat a first offense as a misdemeanor, with escalation to a felony for repeat convictions or particularly harmful conduct.2National Notary Association. A Guide to Common Penalties for Notary Misconduct Convictions can result in fines and imprisonment. Federal courts have imposed enhanced sentences for schemes involving forged notary seals, treating the abuse of notarial authority as an aggravating factor. A criminal conviction also triggers automatic grounds for commission revocation under most state laws, and if the notary is also a licensed attorney, the commissioning authority may refer the matter to the state bar for separate disciplinary action.1Uniform Law Commission. Revised Uniform Law on Notarial Acts (2021)
How to Correct an Incorrect Notarization
The right way to fix a notarization error depends on the state and the type of mistake. There is no universal procedure, and getting this wrong can make things worse.
Some states permit a notary to correct a completed notarial certificate directly. The standard method is to draw a single line through the incorrect information so it remains legible, write the correct information nearby, and initial and date the change.3American Society of Notaries. Notary Mistakes Using correction fluid or making the original text unreadable is never acceptable, because it raises suspicions of tampering and can compromise the document’s validity.
Stricter states, including some of the most populous, prohibit any alteration to a completed notarial certificate. In those jurisdictions, the only option is for the signer and the notary to meet again and perform the entire notarization over from the beginning with a new certificate. In some cases, a completely new document may need to be prepared and signed.
Whichever method applies, the notary should document the correction in their official journal. If there’s room in the original entry, the notary can add a note explaining what was corrected and how. If not, the notary should create a new journal entry and cross-reference the two entries so the record is complete.3American Society of Notaries. Notary Mistakes Acting quickly reduces the risk of the flawed document being relied on in the meantime.
How to Report a Notary for Misconduct
If you believe a notary acted improperly, you can file a complaint with the state agency that commissioned them. In most states, this is the Secretary of State’s office, though a few states assign notary oversight to the governor’s office or another agency. The commissioning authority’s website will typically have a complaint form or instructions for submitting a written complaint.
You’ll generally need to provide the notary’s name and, if known, their commission number and expiration date. Include a copy of the improperly notarized document if you have one. Describe what the notary did wrong as specifically as possible: the date, the circumstances, and how the error affected you.
After receiving a complaint, the commissioning authority investigates and, if a violation is confirmed, imposes sanctions. The notary is entitled to due process, including a hearing and the right to appeal. The process can take weeks or months. Filing a complaint addresses the notary’s professional standing but doesn’t directly recover your financial losses. For that, you’d need to pursue a civil lawsuit or a surety bond claim.