What to Do If Your Notary Stamp Is Lost or Stolen

Losing a notary stamp can lead to severe consequences, including fraud. Recent news highlights how critical this issue can be, as demonstrated by a fraudulent claim on Elvis Presley’s Graceland estate involving a fake notary stamp.

Here’s a comprehensive guide on what to do if your notary stamp is lost or stolen, and how to manage an expired stamp to prevent fraud.

The Importance of Securing Your Notary Stamp

A notary stamp, if it falls into the wrong hands, can be a tool for fraud. This was illustrated in a recent case involving Elvis Presley's Graceland estate.

In this instance, a lending company claimed it held a deed to Graceland and announced a foreclosure auction.

Elvis's granddaughter, Riley Keough, contested the claim and filed a lawsuit asserting that her mother, Lisa Marie Presley, had never borrowed money from the company nor signed any deed using a notary seal.

The lawsuit further alleged that the signatures were forged and that the Florida-based notary whose name was on the paperwork had never met Lisa Marie Presley nor notarized any document for her.

This situation highlights the potential for serious fraud if notary tools are misused.

[Source: Forbes - "Graceland Auction Called Off—The Battle Over Elvis Presley’s Estate, Explained"]

Immediate Actions for a Lost or Stolen Notary Stamp

If your notary stamp or journal goes missing, immediate action is essential to mitigate the risk of fraud:

1. Report to Local Police: Immediately report the loss or theft to your local police department. Obtain a photocopy of the report for your records. This step is crucial in case someone uses your notary tools for fraudulent activities, as it helps to establish that the tools were no longer in your possession.

2. Notify State Notary Regulating Agency: Depending on your state’s regulations, you may be required to report the loss to your state’s notary regulating agency. For example, in California and Florida, it is mandatory to notify the state if your notary seal is lost. Ensure that your report includes all necessary details such as your commission number, expiration date, and a copy of the police report.

3. File a Detailed Report: In states like Texas, notaries are required to file a detailed report with the Secretary of State's office, describing the circumstances under which the notary tools went missing, the last time they were used, and any other relevant information.

Replacing Your Notary Tools

1. Order a New Stamp: Follow your state’s procedures for obtaining a replacement. Some states, like Nevada, require a new Certificate of Appointment. In Washington, the new seal must differ in some way from the lost one, such as a different border or ink color.

2. Document the Replacement: Make a notation in your notary journal indicating the date you started using the new stamp. This helps maintain a clear record of your notarial acts.

Proper Disposal of Expired Notary Stamps

An expired notary stamp must be properly disposed of to prevent it from being used for fraudulent purposes. Simply tossing it in the trash is not enough:

1. Turn It In: Some states require that you turn in your expired seal to the commissioning official. For example, Arizona and Hawaii require notaries or their personal representatives to turn in the seal when they stop being a notary.

2. Destroy the Seal: In states like Colorado, Georgia, and Indiana, notaries are required to destroy or deface their seals when their commission ends. For ink stamps, this can be done by cutting and damaging the rubber seal impression. For embossers, the metal embossing plate should be removed and damaged to render it unusable.

3. Follow State Guidelines: Always adhere to your state’s specific guidelines regarding the disposal of notary seals. If your state does not provide clear instructions, it is advisable to destroy or deface the seal to prevent misuse.

Preventing Loss of Your Notary Tools

Prevention is always better than cure. Here are some steps to protect your notary tools:

1. Never Leave Your Tools Unattended: Always keep your notary stamp and journal with you. Never leave them visible in your vehicle or unattended on your desk.

2. Secure Storage: Store your notary tools in a locked and secure area when not in use. Use a safe or a locked drawer to ensure that they are not accessible to unauthorized persons.

3. Tag Your Tools: Tagging your notary stamp and journal with your contact information can help ensure they are returned to you if lost.

4. Do Not Delegate Responsibilities: Never allow anyone else to use your notary stamp. You are the only person authorized to perform notarial acts using your stamp.

5. Insurance: Consider getting notary errors and omissions insurance. This can provide financial protection if someone uses your lost stamp for fraud and you are held liable.
   

Losing a notary stamp can have serious consequences, including fraud. If your stamp is lost or stolen, report it immediately to local authorities and your state’s notary regulating agency. Ensure your stamp is always secure and accessible only to you.

By following proper safety measures, you can protect yourself and your notary equipment from theft.