Penalties & Misconduct

Question 1

Willful failure to inform the Secretary of State within 30 days of:

(1) Change of name or
(2) Change of address.

Answer 1

$500.00 /Infraction

Name and Address

Question 2

Any failure to do something that the notary should do. NOTE- If the notary did not do it intentionally, in other words, he/she was “careless”.

Also, the same penalty for “Overcharging”. (These fines are not misdemeanors)

Answer 2

$750.00 /Negligent

Negligent and Overcharging

Question 3

Misdemeanor
Practicing law without a license.

For example: Selecting the acknowledgement or Jurat on behalf of the client.

Answer 3

$1,000.00 / Misdemeanor

Practicing law without a license.

Question 4

A notary public intentionally, ignores the notary rules.

NOTE- This penalty is for an Intentional act.

Answer 4

$1,500.00 /Majority of all other “Misdemeanors”

The $ 750. Is for negligence or careless on the part of the notary.
Additional examples: Any falsification of the journal records or certificates, (notarizing when you know the information in the document is false), with two exceptions: (1) If the notarization is for a real estate document like a Deed of Trust, then it is a felony. (2) Falsifying an Acknowledgment, is a felony regardless of the type of document.

Question 5

(1) Failure to obtain a right thumbprint in the Journal when it is required and (2), failure to surrender your journal to a peace officer when requested

Answer 5

$2,500.00 /Misdemeanor

Question 6

A notary falsifying an acknowledgment.

Also, will be fined the same amount ($10K) but it is a Misdemeanor, if the notary public fails to obtain satisfactory evidence (failure to require identification from a credible witness).

Answer 6

$10,000.00 /Felony

Question 7

Every person who, with knowledge, files any false statement or forged document with the county recorder, which affects title to a mortgage/deed of trust on a single-family residence with no more than four dwelling units. Also, any person who makes a false sworn statement to the notary public with knowledge that the R.E. doc is false or forged, is guilty of a felony.

Answer 7

$75,000.00 /Felony

Question 8

Soliciting or coercing a notary to enter false information in a journal or certificate –
Acting as a notary without being a notary –
Willful failure to keep the notary seal under control of the notary.
Lastly, failure to notify the Secretary of State immediately, of the loss or theft of the notary seal, and unauthorized manufacture, duplication or sale of a notary seal.

Answer 8

Some other examples of the $1,500.00 fine

Question 9

SUMMARY - The

$500, 
$1,000, 
$2,500, 
$10,000 and the 
$75,000 fines are easy to remember

Answer 9

A). $500- Name and Address (infraction)
B). $1,000- Giving legal advice. (misdemeanor)
C). $2,500- Right thumbprint and failure to cooperate with a peace officer.
D). $10,000- Perjury (felony) and failure to identify a person prior to notarization.
E). $75,000- Every person who files a wrong info in a R.E. of single-family home of up to 4/units.
$750 and $1,500 are a bit more difficult to remember so we need to review them at least twice before the exam.
There are some misdemeanors that do not have a set fine amount.