Why Notaries Should Always Keep A Journal
By David Thun on June 01, 2017 in Best Practices
Updated 5-26-20. New Notaries often ask why they need to keep a journal. The answer is that a Notary can be sued over a notarization years after it takes place, but well-kept journal records will protect you if that happens. This is especially important during the COVID-19 emergency, when Notaries and signers are dealing with many unusual and challenging situations, and recording details of unusual circumstances may provide crucial evidence if one of your notarizations is challenged. Here's how:
Journals Protect Notaries From False Accusations
Notaries have shared stories about customers complaining to them about faulty notarizations. Checking the journal records can confirm that the Notary did the job properly, or help reveal if someone tampered with the document or is trying to commit fraud:
One Notary checked her journal records and discovered the alleged faulty notarizations never happened in the first place.
Another asked to see a copy of the document in question after finding no entry in her journal for the notarial act the customer described. When she received the document, she saw the signatures were completely different from the original ones she notarized and refused to correct the notarization.
A Florida Notary was contacted by a borrower about a set of loan documents notarized more than a decade earlier. This Notary still had her journals from that time, even though Florida does not have a journal requirement. Her journal entries showed that she performed the notarizations properly. Evidently, however, another Notary was asked to re-perform the notarizations on the loan documents, and they may have been fraudulently notarized.
How Long Should Notaries Keep Their Journals?
Most states do not require Notaries to maintain journals, though some states such as Florida still recommend keeping a journal voluntarily. In states that do require a journal, the law varies from state to state.
In California, Notaries are required to keep their journals for as long as they remain Notaries. Once they stop being a Notary, they must turn their journals in to the county clerk in the county in which the Notary’s current oath of office is on file.
In Texas, Notaries must keep a physical journal either for the entire term of the commission in which the last recorded notarization was performed or for three years following the date of the last recorded notarization, whichever is longer. When they stop being a Notary, their physical journals must be turned in to the county clerk of the county in which they reside. Texas Notaries who perform online electronic notarizations must retain the electronic record of an online notarization in a safe and secure manner for five years following the date of notarization.
In the absence of a state law or regulation on archiving and depositing journals, Article VIII-C-2 of The Notary Public Code of Professional Responsibility recommends storing and safeguarding journals for at least 10 years from the date of the last entry completed in the journal.
These are the minimum standards. Professional standards of practice suggest that Notaries handling real estate and mortgage signings keep their journals longer, since many mortgage loans have a lifespan of more than 10 years.
The reason is simple: If you are asked about a notarization you performed many years ago, the chances of being able to recall the details from memory alone are slim to nonexistent. In fact, failing to complete a journal entry has caused serious legal problems for some Notaries.
The information in a properly recorded journal entry provides evidence showing whether a Notary acted properly and protects the Notary against lawsuits.
David Thun is an Associate Editor at the National Notary Association.