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What is the fifth mistake made by notaries?

  1. Failing to require personal appearance

  2. Failing to name the appearing signer

  3. Leaving out the notarial language

  4. Misinterpreting the laws

The correct answer is: Failing to name the appearing signer

The choice regarding failing to name the appearing signer is a vital aspect of the notarial process. Properly identifying the signer is crucial for the legitimacy of the notarization. When a notary fails to name the appearing signer in the notarial certificate, it raises questions about who actually signed the document. This can lead to legal disputes and issues with the enforceability of the document itself, as there is no clear record of who affirmed their identity before the notary. In notarial practice, it is essential to establish and verify the identity of the person appearing before the notary and to record that individual's name accurately during the notarization. This not only helps in maintaining the integrity of the notarization process but also protects against fraud, as it ensures that the signature can be traced back to the appropriate person. The other choices involve different types of mistakes that can also impact the notarization process, but failing to name the appearing signer is particularly significant because it undermines the foundational purpose of the notary’s role in verifying identities and affirming the authenticity of signatures.