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Why won't banks notarize certain documents? It's all about LIABILITY & RISK
POWER-OF-ATTORNEY, ESTATE PLANNING, WILLS & TRUSTS
Hanh Le
7/8/2025


Banks won’t notarize real estate documents, powers of attorney, or estate planning documents – but we will.
Every document ProActive Mobile Notary engages with is important. But if a careless mistake is made on a notarization involving real estate/property, powers of attorney, or finances or medical treatment, the penalties and liability can be much more severe if the Notary is found to be at fault.
And banks or other institutions that typically notarize documents won’t deal with these because of the risk. Notarization involves the notary public verifying the identities of the signers, witnessing the signing of the documents, and confirming that the signers are acting willingly and not under duress.
If a bank’s staff lacks the necessary training or experience to handle these processes accurately, it could expose the bank to legal risks and liabilities.
In these following situations, a notary must take extra care to properly complete each step in the notarization. Which is why banks won’t touch them.
Real estate documents:
These are risky because they involve high-value property, such as homes or land, and con artists often forge signatures on deeds or other documents to take out fraudulent mortgages or sell a property out from under the rightful owners.
Powers of attorney:
These are risky because, if one is forged, they can give a person control over another individual’s bank accounts, property and even medical treatment. Forging powers of attorney is becoming more common as more people reach retirement age.
Estate plans:
These documents are risky because they determine who gets the person’s assets at death. Those who are left out look for ways to cash in — and go after a Notary who may have improperly notarized the signature.
Notarizing any document is like driving a car. You should always exercise caution behind the wheel, but when driving in a school or playground area you instinctively slow down and take extra precautions.
Improperly notarizing a parental permission slip may not be that risky; however, improperly notarizing a quitclaim deed or mortgage on a home property could result in a bank loaning hundreds of thousands of dollars to an imposter who has no intention of paying it back.
Instead of relying on banks, individuals seeking notarization for real estate, powers of attorney, or estate planning documents typically turn to independent notary publics – like US.
With high-risk documents, we always take extra care when identifying the signers, completing the Notary certificate properly, and recording the Notary journal entry.
Need a Notary? Contact ProActive Mobile Notary Today!
For reliable and flexible notary services in Houston and surrounding areas, including Brazoria County, Fort Bend County, Waller County, and Montgomery County, ProActive Mobile Notary is here to assist with your important legal documents.
Why Choose Us?
Convenience: We come to you! Our service is designed to fit your busy schedule.
Wide Service Area: Serving Houston, Katy, Cypress, Richmond, Stafford, Missouri City, Sugar Land, Rosenberg, Fresno, Pearland, Pasadena, and surrounding areas in Harris and Fort Bend Counties.
Contact Us:
Phone: (515) 238-6201
Mobile Service: Schedule a time and place that fits your needs.
Home Office (by appointment): 4414 Plum Forest Road Houston, Texas 77084
Hours: 7 days a week, from 9:00 a.m. to 9:00 p.m.
Please remember that I am not a lawyer and cannot provide legal advice.
LEGAL DISCLAIMER:
I am not an attorney licensed to practice law in Texas and may not give legal advice or accept fees for legal advice. Under the Texas Admin. Code Rule § 87.40, A Notary Public is prohibited by law to act in the capacity of an attorney, give advice in preparing legal documents, issue identification cards, distribute confidential information or perform any notarial act unless the signer is present. Any questions about your documents should be addressed to the lender, title company, or an attorney. We are not a government agency and apostille authentication is power that the government has. The role of a notary is to authenticating signatures and providing courier services to clients for their apostille documents.
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ProActive Mobile Notary brings expert, affordable mobile notary and document services directly to you across Houston, Katy, Cypress, Richmond, Sugar Land, and surrounding areas in Harris and Fort Bend Counties. Founded in 2019, we offer convenient home visits for all your notarization needs, including real estate documents, wills, trusts, affidavits, and power of attorney. Beyond general notarization, we specialize in FBI ink fingerprinting, apostille services / document authentication, and I-9 verification. We're certified, experienced, and available after-hours and weekend for flexible scheduling, with a Texas notary embosser seal on hand. Prefer to come to us? Our home office is also available by appointment for your notarization needs.
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Hanh Le, OWNER of Proactive mobile notary, is a licensed and bonded notary public and notary signing agent in houston, texas that has been background checked and screened annually.
We are open 7 days a week | 9:00 A.M to 9:00 P.M | Mobile and non-mobile services available | By appointment only, please call or send text to 515-238-6201
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