Legal Question in Real Estate Law in Florida

? and will any of the documents that were notarwhen a person is a notary in the state of fl. and they get married, if they take the last name of the husband, are they required to change the name on the certificate for notaries as well? And if they notarize a document, and witness the same document, and it was for a property deed ,, and it was for the spouse and herself to sign, how binding is it?


Asked on 3/13/14, 10:17 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Notary should have the legal name of the individual who is the notary. many married woman don't take their husband's names and it is not required. If someone does than they should use the married name on the notary. The rest of your question is unclear. The notary cannot be related to the party whose signature is being notarized.

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Answered on 3/13/14, 11:22 am
William Gwaltney William W. Gwaltney, Attorneys at Law

What Mr. Stein stated is correct, and I would add the Notary also can not have an interest in the process that is taking place either. This goes a bit beyond just being related to the signor. A Notary MAY serve as a witness to the document AND Notarize it as well, under certain conditions, and so long as they are not notarizing the signature of the witnesses. In a deed situation it is not usual for the signatures of the witnesses to be Notarized, so the Notary may serve as a witness as well, so long as they are not precluded from signing for any other reason.

Your question is a bit confusing, so if we are not answering it you may want to reorganize your thoughts and try again.

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Answered on 3/18/14, 12:34 pm


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