When a notary public notarizes a document despite objections from an individual, the rights and implications for that individual depend on the nature of the objection and the role of the notary.

Key points about a notary's role and impartiality:

• A notary public acts as an impartial witness to the signing of documents, primarily verifying the identity of the signer and ensuring the signature is authentic and voluntary. The notary does not evaluate the content or legality of the document itself.

• Notaries are generally required to perform notarizations when presented with a lawful and proper request and cannot refuse to notarize simply because they or the signer object to the document’s content or purpose.

• The notary’s duty is to remain unbiased and not discriminate against signers based on personal beliefs or disagreements with the document.

Regarding objections by individuals:

• If an individual objects to a document being notarized (for example, claiming the document is fraudulent or that they do not consent to its contents), the notary’s role is limited. The notary is not responsible for resolving disputes about the document’s validity or the parties’ intentions; their role is only to verify identity and willingness to sign.

• An objection alone does not prevent a notary from notarizing if the signer appears willing and the notary follows proper procedures. The notary is not a judge or arbiter of disputes.

Legal effect and recourse for individuals:

• A notarized document is not automatically legally enforceable or a court order. It is evidence that the signature is genuine but does not guarantee the document’s legal validity or enforceability.

• If a notarized document is notarized despite objections, the objecting party may challenge the document’s validity or enforceability in court. For example, they can argue fraud, duress, or lack of consent in legal proceedings.

• Objections to notarization do not need to be notarized themselves to be filed in court or to assert rights; a written objection signed by the individual is generally sufficient.

Summary:

• A notary public must notarize documents when presented with a lawful request and cannot refuse based on disagreement with the document’s content.

• Individuals who object to a document being notarized retain the right to challenge the document’s validity or enforceability in court.

• The notarization itself only confirms the authenticity of the signature, not the legality or fairness of the document.

• Objections to notarization or the document’s content should be addressed through legal channels, not through the notary’s refusal to notarize.