National Notary Association and Notaries in the Age of AI and Fraud

For many, notarization is a tedious formality—a rubber stamp at the end of a long paper trail. It's a perception that once viewed the process as an "annoyance that could be bypassed." But this view is dangerously outdated. In an era of sophisticated fraud, the modern notary is no longer just a witness but a critical defender controlling the "last mile" of the home purchase and refinance market. They stand as the last line of human oversight against a rising tide of deception.

They’re Not Just Witnesses; They’re Frontline Gatekeepers

A notary's primary role has evolved far beyond merely witnessing a signature. According to Guiding Principle III of the National Notary Association's (NNA) Code of Professional Responsibility, notaries are required to actively screen signers, assessing their identity, willingness, and mental competence before proceeding.

This screening is a crucial human firewall in an era of "widespread fraud" and "deceitful lending practices," as described by the NNA's CEO in the aftermath of the 2008 financial crisis. This personal, intuitive element is what makes a notary's role so essential in verifying the integrity of a transaction.

As the NNA CEO stated, this human judgment is the key to their value:

Your awareness and discernment for these unmasked fraudsters your personal and professional intuition, professional intuition, and I really believe that is what makes notaries irreplaceable.

The Vast Majority of States Don't Require Them to Be Trained

Here is a startling fact: in 2012, only nine states had notary education requirements. Today, that number has only grown to 20 states that require some form of training or an exam. This means that in most of the country, there is no state-mandated training for the public officials tasked with preventing real estate and financial fraud at the ground level.

This highlights a significant gap between the immense responsibility placed on notaries and the lack of official state-level preparation. It's a void that professional organizations have stepped in to fill, providing the education and standards necessary for notaries to perform their duties effectively and protect the public.

They Are Empowered to Walk Away from Suspicious Deals

Far from being subordinate clerks, notaries are now expected by lenders, title companies, and even the FBI to trust their judgment and refuse to proceed with a notarization that "doesn't feel right." In his speech, the NNA CEO confirmed that these institutions have communicated that they "want to encourage you to walk away."

There is even a protocol for notaries who feel unsafe during a suspicious signing. If they need to complete the notarization out of concern for their personal safety, they are instructed to report it immediately to the title company. This allows the company to stop the transaction and prevent the loan from being funded or the home purchase from closing.

The "National Notary Association" (NNA) Isn't a Government Agency

A common point of confusion is the role of organizations like the National Notary Association (NNA). The NNA is a private organization, not a government body. It provides education, professional standards (like the Model Notary Act and the Notary Public Code of Professional Responsibility), supplies, and advocacy for notaries.

The official authority to act as a notary comes from a commission issued by a state government, typically the Secretary of State (SoS). While training or certification from the NNA is not a government mandate, many companies view it as a critical industry standard. This creation of professional standards and its authoritative-sounding name gives the NNA a quasi-official status in the eyes of many, making its certifications a powerful, if not mandated, tool for marketability.

Their Duty of Impartiality Is Stricter Than You Think

A notary must act as a neutral, impartial witness, and the rules governing this duty are surprisingly strict. The NNA's Code of Professional Responsibility outlines specific prohibitions designed to eliminate any potential conflict of interest, real or perceived.

• A notary cannot notarize any document where they are named as a party or would receive any financial gain, apart from the standard notarial fee.

• A notary cannot notarize their own signature or a document they have co-signed.

• Most surprisingly, a notary is prohibited from notarizing a document for any known family member, whether related by blood or marriage, even if the notary has no personal interest in the document. The Code is so strict on this point that its own official illustration (Standard II-B-5) gives the specific example of a notary being required to decline notarizing for their own cousin.

Conclusion: A Guardian of Trust

The role of the notary has transformed from a simple administrative function into a complex and critical defense against modern fraud. As new threats emerge—including "artificial intelligence, synthetic identities, [and] deep fakes"—the notary's duty as a verifier of identity and intent has become more important than ever.

The next time you see a notary's seal, will you see just a stamp, or will you see a guardian of trust?