FAQ

Notary Bond, Insurance & Liability FAQs

FAQs on notary surety bonds, errors and omissions insurance, notary liability, and what happens when a notary makes a mistake.

What is a notary surety bond?
A notary surety bond is a form of insurance that protects the public (not the notary) from financial harm caused by a notary's negligence or misconduct. If a notary makes an error and a claimant is awarded damages, the bond company pays the claim — and then the notary must reimburse the bond company. Bond amounts range from $500 to $25,000 depending on the state.
What is Errors & Omissions (E&O) insurance for notaries?
E&O insurance protects the notary personally from the cost of defending lawsuits and paying judgments arising from honest notarial mistakes. Unlike a surety bond (which protects the public), E&O protects the notary's own finances. It is not required by most states but is strongly recommended — especially for active loan signing agents and RON notaries.
How much does notary E&O insurance cost?
A standard notary E&O policy with $25,000 in coverage typically costs $40–$80 per year. Policies covering $100,000 or more are available for $100–$200 per year. Loan signing agents generally purchase higher coverage ($100,000+) because real estate transaction mistakes can be very costly.
Can a notary be personally sued for a notarization mistake?
Yes. A notary who negligently or fraudulently notarizes a document can be personally liable for damages. Common situations include notarizing without the signer present, failing to properly verify identity, or improperly certifying a copy. E&O insurance helps cover defense costs and settlements.
What can cause a notary to lose their commission?
Grounds for commission revocation include: notarizing without the signer present (improper notarization), identity fraud or forgery, practicing unauthorized law, charging excessive fees, failure to maintain a journal (where required), criminal conviction for certain offenses, and allowing unauthorized use of the notary seal.

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