Can a Notary Public have a Conflict of Interest?
Contrary to what you may initially think, an Orange County mobile notary (or any California notary public/loan signing agent) is NOT prohibited from notarizing documents for relatives or friends. However, if there is a direct financial or beneficial interest by the notary public, then the notary would be prohibited from notarizing the document.
California Government Code 8224 states that a notary public would have an interest in the following situations:
- If the notary public agent is specifically named (i.e. individually named) as a principal to the financial transaction;
- If the notary public agent is specifically named (i.e. individually named) on the a real property transaction as any of the following: beneficiary, vendor, vendee, grantor, grantee, mortgagor, trustor, trustee, lessor, or lessee.
A California notary would NOT have a direct beneficial or financial interest if the notary public or loan signing agent was acting in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a person who does have a direct interest. For example, if a Newport Beach mobile notary agent worked for an attorney, he/she could notarize a document for his/her employer who has a direct interest. This situation is allowed because the notary is acting as an agent of the attorney.
Whenever one of our OC mobile notaries has a concern of whether or not they can notarize a document we always recommend they consult an attorney.
If you would like to schedule a mobile loan signing agent or notary public, please call us at (888) 399-9936. We have agents available 24×7.