What Happens if a Notary Makes a Mistake on My Orlando Document?
- Leo McKay
- Sep 10
- 4 min read
Notarized documents are cornerstones of many legal and financial transactions in Orlando and across Florida. From real estate deeds to power of attorney forms, their accuracy is paramount. But what happens if, despite everyone's best intentions, a notary makes an error on your crucial document? It's a valid concern, and understanding the potential impact and correction process can save you significant stress and time.
💡 Key Takeaways
Notary Errors Can Be Corrected: Mistakes on a notary certificate can often be fixed by the original notary, sometimes requiring re-notarization or a corrective certificate.
Corrections Limited to Certificate: Notaries can only correct errors within their notarial certificate, not the main body of your document.
Florida Notary Bond Protects the Public: A mandatory $7,500 surety bond safeguards the public against financial harm caused by a notary's errors or misconduct.
E&O Insurance Protects the Notary (and indirectly, you): Errors & Omissions (E&O) insurance is highly recommended for notaries, covering legal costs and claims against them for unintentional mistakes, offering an additional layer of financial protection for all parties involved.
Common Notary Errors and How They Occur
While notaries are trained professionals, mistakes can occasionally happen. Some common errors include:
❌ Missing Seal or Signature: Forgetting to apply the notary's official seal or signature.
❌ Incorrect Date: Entering the wrong date of notarization.
❌ Incomplete Certificate Wording: Omitting required information in the acknowledgment or jurat.
❌ Mistakes in Identifying the Signer: Although rare with proper procedure, an error in how the signer's identity is recorded.
❌ Improper Venue: Listing the wrong county or state where the notarization took place.
Correcting Notary Mistakes in Florida
If an error is discovered on a notarized document in Orlando, the good news is that many mistakes can be rectified. The specific correction method often depends on the type and severity of the error, as well as when it's caught.
According to the National Notary Association, for minor errors in the notary certificate wording (the portion the notary completes), the original notary might be able to correct it by:
✅ Lining through the incorrect information neatly.
✅ Writing in the correct information clearly.
✅ Initialing and dating the correction.
❗ Important Note: Using correction fluid (like White-Out) is generally not recommended, as many agencies may reject documents with such alterations. Furthermore, a notary cannot make corrections to the main body of your document; their authority is limited to their notarial certificate.
For more significant errors, or if the document has already been submitted or recorded, a re-notarization of the document or the creation of a corrective certificate might be necessary. This process typically requires the informed cooperation and presence of the original signer(s) and the notary to ensure all legal requirements are met for the new or corrected notarization.
The Notary's Responsibility and Financial Protections
Notaries in Florida are held to high standards and have significant responsibilities. To protect the public and themselves, two key financial safeguards are in place:
1. The Notary Surety Bond: Protection for the Public
In Florida, every notary public is required by law to obtain a $7,500 surety bond. This bond acts as a financial guarantee that protects you, the client, and the public from any financial losses that might occur due to the notary's misconduct, negligence, or errors in their official duties. If you suffer a financial loss directly caused by a notary's mistake, you could make a claim against this bond to recover your damages.
2. Errors & Omissions (E&O) Insurance: Protection for the Notary (and an added layer for you)
While not legally mandated in Florida for traditional notaries, Errors & Omissions (E&O) insurance is highly recommended for notaries. This insurance policy protects the notary directly. If a client sues a notary for an unintentional error or omission made during a notarization that causes financial harm, E&O insurance can cover:
Legal defense costs (attorney fees, court costs)
Settlement amounts or judgments awarded to the claimant, up to the policy's coverage limit.
⭐ Why is this important for you, the client? While the surety bond protects you, E&O insurance provides an additional layer of security. If a notary has E&O insurance, they are better equipped to handle a claim without personal financial ruin. This means there's a higher likelihood that any legitimate financial damages you incur due to a notary's error could be covered, either through their bond or their E&O policy, ensuring you are made whole.
Choosing a Reliable Orlando Notary Service
When seeking notary services in Orlando, always prioritize professionals who are knowledgeable about Florida notary law and committed to accuracy. While E&O insurance isn't required, asking if a notary carries it demonstrates their dedication to their profession and provides you with extra peace of mind. A reputable notary will also maintain a detailed record of all notarizations in a journal, which can be invaluable in resolving any potential issues.
In essence, while notary errors are uncommon, understanding how they are addressed and the protections available ensures that your important documents remain valid and secure, even if a minor hiccup occurs.
Mistakes, however infrequent, can happen in any process. When it comes to notarized documents in Orlando, knowing that there are clear procedures for correcting errors and financial safeguards like the mandatory notary bond and highly recommended E&O insurance in place can provide significant reassurance. Always communicate openly with your notary and don't hesitate to ask questions to ensure your documents are handled with the utmost care and accuracy.
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