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The Role of a Notary in Real Estate Transactions

Introduction

Buying or selling property is one of the biggest financial decisions most people ever make. Between stacks of paperwork, legal terms, and multiple signatures, accuracy and trust are essential.

That’s where a notary public comes in. In every real estate transaction, the notary acts as an impartial witness, ensuring that all documents are signed willingly and correctly — and that every signature truly belongs to the person claiming it.

Let’s take a closer look at what notaries do in real estate and why their role is so important for both buyers and sellers.

1. Verifying the Identity of Signers

The first duty of a notary is to verify each signer’s identity. Before anyone signs a deed, loan agreement, or title transfer, the notary checks a valid, government-issued photo ID such as a driver’s license or passport.

This step protects against impersonation and ensures that only authorized individuals can transfer ownership or enter binding agreements.

Why it matters: Real estate fraud often begins with fake identities. A notary’s verification process provides a critical layer of protection against it.

2. Confirming Willingness and Awareness

A notary must also ensure that all parties are signing voluntarily and understanding what they’re signing.

If the notary suspects a signer is under duress, pressure, or appears confused about the contents of the document, they have the right  and legal duty  to refuse notarization.

Example: If someone is selling property on behalf of an elderly relative, the notary will confirm that the relative understands the transaction and is willingly authorizing it.

3. Witnessing the Signing of Real Estate Documents

During a real estate closing, notaries witness the signing of important documents such as:

  • Deeds and property titles

  • Mortgage agreements

  • Loan and refinancing forms

  • Affidavits of title

  • Power of Attorney (when used in real estate matters)

The notary’s signature and official seal confirm that the documents were signed correctly, in their presence, and according to legal requirements.

4. Administering Oaths and Affirmations

In some real estate transactions, the signer may need to make a sworn statement — for example, verifying ownership details or declaring the absence of liens.

The notary can administer these oaths or affirmations, confirming that the signer is truthfully attesting to the information in the document.

5. Preventing Fraud and Ensuring Document Integrity

Real estate transactions often involve large sums of money and sensitive personal information. A notary helps prevent fraud by keeping a detailed record (journal entry) of each notarization, including:

  • The type of document signed

  • The signer’s ID details

  • The date and time of notarization

  • A thumbprint (in some states)

If a dispute or investigation ever arises, these records serve as legal proof that the transaction was handled properly.

6. Adding Legal Credibility to Real Estate Documents

A notarized document carries more weight in court or with financial institutions because it provides independent verification.

For Buyers: It confirms that you are buying property from the rightful owner.
For Sellers: It ensures your transfer is legally valid and cannot be contested.
For Lenders: It confirms the borrower signed the loan documents knowingly and willingly.

7. Supporting Remote and Mobile Real Estate Closings

Modern real estate deals move fast — and notaries have evolved to keep up. Many professionals now offer:

These options provide flexibility for clients who can’t attend closings in person or live out of state.

Conclusion

A notary public is more than just a witness — they are a key protector of trust and authenticity in real estate transactions. By verifying identity, ensuring free will, and maintaining accurate records, notaries help make property transfers safe, legal, and secure for everyone involved.

At Looking Glass Runners Notary, we offer both in-person and online notarization services for deeds, titles, loan documents, and more — helping you close with confidence, wherever you are.