Frequently Asked Questions for Notary Public Complaints
+ How do I file a complaint against a notary public?
To file a complaint against a Texas notary public, submit Form 2304 (Word, Acrobat - Fill in the blank) to the Notary Public Unit. Form 2304 contains detailed instructions for how to complete and submit the complaint. For more information on complaint procedures, please see 1 TAC §87.32.
+ Who may file a complaint against a notary public?
A person who has been harmed by the actions of a notary public in performing a specific notarization may file a complaint with the secretary of state. The complaint will be reviewed to determine if the complaint states facts that, if proven, constitute grounds for the secretary of state to take disciplinary action.
+ What type of action may the secretary of state take?
In cases where good cause exists for the secretary of state to take disciplinary action against a notary public, the actions can range from an informal reprimand to revocation of the notary’s commission.
The Office of the Secretary of State cannot determine the validity of the notarized document or obtain restitution for losses that may have been caused by a notary's action. If you need assistance determining the validity of the document or obtaining restitution, consult with your private attorney regarding how to proceed. If you need information regarding filing a claim against the notary’s bond, contact the notary’s surety company. The name of the surety company is available on the Notary Public Search service on the secretary of state's website.
In addition, the secretary of state does not have the power to prosecute a notary for criminal violations associated with the notary's official duties. If you think there is a basis for criminal action to be taken against a notary, you may file a complaint with the District or County Attorney of the County where the notarization was performed.
+ What constitutes good cause for the secretary of state to take disciplinary action against a notary public?
Good cause includes, but is not limited to, the acts identified in §406.009(d) of the Texas Government Code and in 1 TAC §87.11.
+ Does the secretary of state investigate complaints regarding the mortgage foreclosure procedures followed by a particular notary or company?
It depends. In order for this Office to open a complaint, the complainant needs to have been personally harmed by the actions of a notary and needs to present factual evidence, within the complainant’s personal knowledge, that the notary engaged in conduct that violates the laws and rules governing the conduct of Texas notaries public. The Office will not open a complaint based on allegations of widespread misconduct by an entire company, or unsupported allegations regarding the geographic location of the notaries and signers.
+ What if I have further questions about filing a complaint against a notary public?
You may contact the Notary Complaint Specialist at the secretary of state by calling 512-475-2993 or by email.
