Real-World Scenarios Where California Notaries Get in Trouble

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Key Takeaways

• The most common violations are failure to keep a proper journal and notarizing without the signer’s personal appearance
• Government Code § 8214.1 lists all grounds for denial, suspension, or revocation
• The Secretary of State publishes disciplinary guidelines listing specific disqualifying convictions
• Most violations come from rushing, not from intentional fraud

The Violations That Actually Happen

The Secretary of State’s disciplinary records show patterns. Notaries do not usually lose their commissions for dramatic fraud schemes. They lose them for cutting corners on routine requirements. The violations fall into a few categories.

Notarizing Without Personal Appearance

Government Code § 8202 requires the signer to personally appear before you at the time of the notarization. This is the most fundamental requirement of the job. Every notary learns it in their six-hour course. And it is one of the most common violations.

It happens in predictable ways. A coworker asks you to notarize a document their spouse signed at home last night. A client mails you a signed document and asks you to stamp it. A real estate agent drops off a stack of documents and asks you to notarize them all because the borrower had to leave early. In every case, the notary stamps and signs without the signer sitting in front of them.

The penalty can include revocation of your commission and personal liability for any damages that result. If that notarized document is later challenged in court and the signer testifies they were never in the same room as the notary, the notary has no defense.

Journal Failures

Government Code § 8206 requires a sequential journal with specific entries for every notarial act. Common journal violations include not keeping a journal at all, failing to record every notarization, leaving the fee column blank, and not requiring thumbprints for deeds and powers of attorney.

Willful failure to properly maintain your journal is a misdemeanor under Government Code § 8228.1. The word “willful” matters: if you simply forgot one entry out of hundreds, that is sloppy but not necessarily willful. If you skip journal entries routinely because it saves time, that is a pattern the Secretary of State treats as willful.

Fee Violations

Government Code § 8211 sets the maximum fees: $15 per signature for acknowledgments and jurats, $30 plus $7 plus $7 for depositions, $15 for certifying a power of attorney copy. Charging more than these amounts is a violation. So is failing to record the fee in your journal.

The fee rules get notaries into trouble in two ways. Some charge more than $15 per signature by calling it a “service fee” or “processing fee” on top of the notarial fee. Others charge $15 per document when the statute says per signature. Two signers on one document means two separate $15 acts, not one $15 charge for the whole document. Getting this wrong can trigger a complaint.

Conflict of Interest

Government Code § 8224 prohibits notarizing when you have a direct financial or beneficial interest in the transaction. You cannot notarize a deed naming you as grantee. You cannot notarize a mortgage on a property you are buying. The statute also lists specific roles in real property transactions that create a disqualifying interest: grantor, grantee, beneficiary, trustor, trustee, mortgagor, mortgagee, vendor, vendee, lessor, lessee.

Exceptions exist for notaries acting as agents, employees, insurers, attorneys, escrow holders, or lenders. A notary who works for a title company can notarize documents in transactions the company handles because they are acting as an employee, not in their individual interest.

Advertising Violations

Government Code § 8219 prohibits notaries from translating the term “notary public” into Spanish in advertisements, including business cards and websites. This is aimed at preventing confusion between notaries and licensed attorneys in Spanish-speaking communities. The penalty for a first violation is a warning; subsequent violations can result in suspension.

What the Secretary of State Does About Violations

The Secretary of State can revoke, suspend, or deny a commission under Government Code § 8214.1. The process usually starts with a complaint from a member of the public, a law enforcement agency, or another government office. The Secretary of State investigates and may offer the notary an opportunity to respond before taking action.

Revocation means your commission is canceled and you cannot reapply. Suspension means you cannot act as a notary for a specified period. In both cases, you must deliver your journal to the county clerk within 30 days under Government Code § 8209.

Frequently Asked Questions

Can I go to jail for a notary violation?

Willful failure to maintain your journal or keep your seal under your exclusive control is a misdemeanor under Government Code § 8228.1. Willful failure to deliver your journal to the county clerk after your commission expires is also a misdemeanor under Government Code § 8209. These are criminal penalties in addition to administrative action.

What happens if someone files a complaint against me?

The Secretary of State investigates complaints. You will receive notice and have an opportunity to respond. If the investigation finds a violation, the Secretary of State can issue a warning, suspend your commission, or revoke it, depending on the severity.

Can I get sued personally for a notary mistake?

Yes. Your $15,000 bond covers claims up to that amount, but you are personally liable beyond the bond. If a notarization error causes someone financial harm, they can sue you. Errors and omissions insurance covers this, but the bond alone does not protect you.

How do I avoid these problems?

Always require personal appearance. Keep your journal current with every entry complete. Charge no more than $15 per signature. Do not notarize when you have a financial interest. If a situation feels wrong, decline the notarization.

Does the Secretary of State publish a list of disciplined notaries?

The Secretary of State maintains disciplinary records. You can contact the Notary Public Section at (916) 653-3595 for information about specific disciplinary actions.