Houston Notary Public & Records FAQs       

Houston Notary and Record Retrieval Services:

Q. What Houston Mobile Notary services do you provide in relation to Record Retrieval?

A. For record retrieval companies, Houston On-Call is a primary mobile notary source for Business Subpoenas, Affidavits, Direct Questions, and retrieval of most Medical Records.

Q. What other Record Retrieval services do you provide?

A. Local courier, mail, and overnight drop services of desired records are also provided.    

Q. How far will you travel outside of Houston?

A. Notary, Record Retrieval , and Courier Services have been fulfilled as far as Beaumont.    

Q. How much of a notice is desired for appointments?

A.  For "basic" Mobile Notary services, most appointments are set and fulfilled in two hours.
For "hourly" situations, a one day notice is requested (in relation to new customers).      

Q. Hourly Rates for Houston On-Call Mobile Notary?

A. Hourly Notary Rates vary depending on circumstances.  Please call with description.

Q. Certified Copies?

A. The document must be an original (not a photocopy -- or from another certified copy). 
A Notary Public must also make the copies, or supervise the photocopying process.

A Notary Public should Not make certified copies of "Recorded" or "Filed" documents:
     Birth/Death Certificates, Marriage/Divorce Records, Student Transcripts, Driver's Licenses,
     Probated Wills, Photographs, Powers of Attorney, Foreign Passports,  Certificates of
     Naturalization, or Real Estate Deeds and Mortgages.  

A Notary Public Can make certified copies of many other types of documents: 
     Business transactions, Personal letters, Social Security Cards, Living Wills, Contracts,
     Medical Treatment Consent forms, Lease Agreements, Diplomas, and Invoices.

Houston Subpoena Services:

Q. Subpoena of Witness?

A. A witness needed to prove an instrument but who refuses to appear can be subpoenaed.  Texas notaries have the same authority as a district judge to issue a subpoena to compel a witness to appear before the notary to testify about the execution of the instrument.    

Q. Services Offered?

A. We mainly serve state subpoenas in relation to business or medical records.            

Q. Process Serving?

A. Some civil process services are available: citation, summons, subpoena, and notices. 
 At this time, "evasive persons" requiring stakeout situations are not covered.   

Houston Notary On-Call Office:

Q. Do you receive many calls from customers wanting to just come to the office?

A. Yes.  However, our main purpose is to provide Mobile Notary Services for Houston and related areas.  As a result,  we do not accept walk-in customers.  Please visit our Links page.

Houston Notary and Courier Services:

Q. Aside from Notary services, what courier services do you provide? 

A. Our courier and mailing services are focused within the Houston Mobile Notary aspect.  Whether records or documents need mailing, Houston area transport, or dropping as overnight returns, we are there.  While we do provide "courier-only" services, at present, this is usually for current customers who also have various notary needs, intermittently.     

Q. Are business and residential accounts available?

A. Yes.  We welcome individual and business accounts. 

Q. Do you offer discounts on Houston Notary services?

A. Yes.  When combined with courier services, most single pages have a $6.00 State Notary fee, plus a declining mobile charge -- depending on the volume of related calls.

Q. What are your billing methods?

A. We implement an invoicing system which can be set per call, weekly, or bi-weekly -- depending on the volume of the account. 

Houston Notary Public and Record Retrieval Services FAQ:

Q. How long is the term of Notary Public Commission?

A. A Notary commission is a four-year term of office.  The term begins on the date the Secretary of State issues the commission.

Q. What are the powers and duties of a Notary Public?

A. The primary duties of a Notary Public are to prevent fraud by confirming that the signer’s identity is who he or she claims to be, and that the person, in the presence of the notary, 
has voluntarily signed a document on a given date.  A Notary Public has the authority to take acknowledgments, protest instruments, administer oaths, take depositions, and certify copies of documents not recordable in the public records.

Q. May a Notary notarize without the person being present?
Can a Notary take acknowledgments over the phone?

A. No.  A Notary Public may only perform notarial acts by requiring a personal appearance. The document signer must always appear before the Notary for the notarization.  Remember that the primary function of a Notary Public is to prevent fraud.  Notaries do this by requiring the personal physical presence of the signer and making a positive identification of the signer.  Often, forgeries occur because the notary fails to require the document signer to be present for the notarization.

Q. Must the document be signed in the presence of the Notary?

A. Yes.

Q. Can a Notary prepare legal documents?

A. No.  A Notary who is not a lawyer does not have this authority.  All documents presented to notarize should have the correct form of notary certificate already on them.  As a Notary, the duty is to perform the notarial act and complete the notarial certificate.

Q. If a person needs advice in drafting a document, can a Notary help?

A. No.  A Notary Public may not prepare, select, or give advice concerning legal documents.

Q. Can a Notary notarize a document that is not completely filled out?

A. Yes.  However, it’s the Notary Public's responsibility to mark through all spaces that are not filled out to prevent fraud and possible lawsuits.  It’s not the Notary Public's responsibility to check that the form is properly filled out.

Q. May a Notary determine which type of Notarial Certificate should be attached?

A. No.  A Notary Public who is not an attorney should only complete a notarial certificate which is already on the document or type a certificate of the maker's choosing.  If a Notary Public is brought a document without a certificate and decides which certificate to attach, that Notary Public would be "practicing law."  However, a Notary Public is provided copies of sample notarial certificates with his or her notary commission.  The person for whom the notarization is performed may choose the certificate, and the Notary may add such certificate to the document.

Q. Why can't your Houston Notary service make certified copies of Birth/Death Certificates, or Marriage Licenses?

A. Because these are recordable documents, a certified copy can only be issued by the governmental agency which is custodian of these records.  However, a Notary Public has the authority to certify copies of documents not recordable in the public records.

Q. May a Notary perform notarial acts in other counties?

A. Yes.  A Notary Public has statewide jurisdiction and may perform notarial acts in any county in the state of Texas.  

Q. May a Notary notarize documents in other states?

A. A Texas Notary Public has jurisdiction ONLY in Texas.  Texas notaries may only perform notarial acts within the geographical boundaries of this state.  Other states have their own notary laws regarding their Notaries.

Q. May a Texas Notary notarize documents from other states?

A. Documents that originate in other states may be notarized by a Texas Notary if the notarial act is performed in Texas.  

Q. What is a Signing Agent?

A. A commissioned Notary Public who has become skilled, through experience and/or education in the facilitation of the signing portion of the mortgage loan closing process.

Q. What is a Closing Agent?

A. The person, usually from a title or escrow company, who is coordinating the assembly of the documents, disbursement of funds, and other duties associated with closing a loan. Although the closing agent may also be a Notary, he or she will often locate a suitable signing agent.  Even though that time when everyone is sitting down to sign papers is often referred to as a "closing," this signing is really only a portion of the closing process.

Q. Can your Houston Notary service issue Apostilles?

A. No.  Written requests must me made to the appropriate office of the Secretary of State.

Q. May a Notary refuse to serve people?

A. Only if the Notary is uncertain of a signer's identity, willingness or general competence, or has a good reason to suspect fraud.  Notaries should not refuse to serve anyone because of race, religion, nationality, lifestyle, or because the person is not a client or customer.  However, there are circumstances where a Notary Public can, or must, refuse service:

• The signer asks for legal advice prior to executing documents.  
• The Notary suspects the signer is being pressured, coerced, or threatened by another person to execute the documents being signed.
• The signer requests notary services before or after regular hours. 
• The prospective customer is unreasonable.
  
  

Notices:

• A Notary should not notarize if the signer appears to be mentally incapable of understanding the nature and effect of the document at the time the transaction takes place.
• A Notary should not take the acknowledgment of a person who does not speak or understand the English language on a document written in English, unless the nature and effect of the document to be notarized is translated into a language that the signer does understand.
• A Notary must not certify the accuracy of a translation.  Instead, the notary may notarize an affidavit from an unbiased translator certifying the accuracy of the translation.
• A Notary must not certify the authenticity of objects such as art, coins, or collectibles.
• A Notary must never certify residency or citizenship.  Certification should be made either by the resident or by an official at the U.S. Immigration and Naturalization Service.
  

Sec. 406.0165:
Signing a Document For Individual With Disability

A Notary may sign the name of an individual who is physically unable to sign or make a mark on a document presented for notarization if directed to do so by that individual, in the  presence of a witness who has no legal or equitable interest in any real or personal property that is the subject of, or is affected by, the document being signed.  In this section, "disability" means a physical impairment that impedes the ability to sign or mark on a document.

Identification Cards:

According to Texas law, an acceptable identification card for notarization purposes would include a U.S. passport, driver's license, or any card issued by a state or federal government agency that contains the photograph and signature of the person making the acknowledgement or taking the oath.  The card must not be expired.