Protect Your Signature: Signing Under Duress
When you seek a notarization, you are looking for an official assurance of authenticity. My role as a notary public is simple yet vital; I serve as an impartial witness. I must confirm three things: your identity, your awareness of the document, and your willingness to sign. That last part—willingness to sign—is the core of preventing duress. This is especially important in the modern setting of Remote Online Notarization (RON).
What is Signing Under Duress?
Signing under duress means a person is forced or compelled to sign a document. They are acting against their free will or better judgment. This compulsion can take several forms. It may be physical threats or violence. It can also involve economic pressure or threats against a loved one. The key legal concept is that the signer’s consent is compromised. Without free consent, the legality of the document can be challenged. This can cause major problems for all parties involved. A notarization performed under duress is voidable in court.
The Notary’s Essential Duty: Assessing Willingness
Notaries are public officials. We are responsible for deterring fraud. We must ensure that the signer is a willing participant in the transaction. This is not a discretionary choice; it is a legal duty. I am required to screen every signer for their willingness to proceed. If I suspect a signer is acting under coercion, I must immediately refuse the notarization. It is always safer to be cautious in these situations.
Why Remote Notary Service Is Ideal for Prevention
Many people believe that duress is harder to spot in an online notarization setting. The opposite is often true. The technology used in RON can provide unique advantages for detecting pressure.
Environmental Scan: In an in-person setting, I might not see a person off to the side of the room. Using RON, I ask the signer to pan their camera around the room. This check ensures they are alone. It helps me confirm that no one else is guiding or pressuring their actions.
Direct Interaction: The video call provides a clear, face-to-face connection. This allows me to focus completely on the signer’s behavior. The session is generally quieter and less rushed than a public notary setting.
Secure Recording: Every online notarization session is digitally recorded. This recording is stored as a secure audit trail. If the document is ever challenged, the video provides clear evidence. It shows that the signer appeared willingly and signed without coercion.
What Signs of Duress Does a Remote Notary Look For?
I am trained to look for behavioral and verbal indicators of duress. These signs signal that the signer may not be acting freely.
Behavioral Cues: I watch for visible signs of distress. These can include trembling hands or excessive nervousness. I note any avoidance of eye contact or fearful body language. Shaking or halting speech patterns are also red flags.
Verbal Cues: I listen carefully to the signer’s language. Does the signer seem hesitant? Do they defer to someone else who is off-camera? I politely ask direct, open-ended questions, if they are signing the document of their own free will, and, confirm if they understand the document’s nature and purpose.
Outside Influence: If the signer seems overly rushed, I slow down the process. If another party attempts to interrupt or coach the signer, I firmly ask them to stop. My priority is always protecting the signer's right to choose freely.
The Notary’s Discretion to Refuse Service
While notaries must follow written laws, we also have discretion in certain situations. I must be personally satisfied that the signer is willing and aware. If my professional judgment suggests coercion or confusion, I must refuse the service.
Refusing service is not practicing law. It is upholding the legal duty of my commission. I must decline the act if I have reasonable grounds to believe the signer is being coerced. This protects the signer. It also protects the integrity of the document itself. I will document the refusal in my notary journal. This record protects me and the public.
Trusting Your Remote Notary
The concept of free will is the foundation of every valid legal document. As your dedicated Maryland Remote Notary, my commitment is to ensure that your signature is fully genuine. This means it must be willing, informed, and unpressured. The rigorous security of RON technology enhances my ability to detect and prevent duress. When you book an online notarization appointment with Moore Notary Service, you are choosing safety. You are choosing a process that puts your free choice first. You can be confident that your document is executed with the highest legal and ethical standards.
