Should a Notary Public Keep a Copy of Documents Notarized?

This is one I really want some notary opinions on, along with all of those out there that utilize the services of notaries. Attorneies--feel free to pipe in also!

As we know, many, if not all banks, hold the bond for the notaries that they employee. Also, we know that bank notaries, in most cases, only notarize for that banks customers. (That is a whole 'nuther issue for a different article!)

Back in October or November of 2008 I needed my own divorce papers notarized. I represented myself sui juris, my then husband had been living in another state for some time and his lawyer was an hour's drive from me. This presented the problem of locating my own notary locally.

Well, I went to my bank. I have had many things notarized there before, by the same lady. She had recorded in her notary journal the more important documents (Tennessee does not require a journal.), but never had she ever requested to keep a copy of my documents.

On this particular day, AFTER I had signed, and she had notarized the Complaint for Divorce, Marital Dissolution Agreement and sundry other documents pertaining to the divorce--she informs me that the bond issuerer for her notary bond, the bank, is now requiring her to keep a copy of each and every document she notarizes.

She proceeded to copy the documents and place the copies in a three ring, loose leaf binder.

Now these papers have, since then, become public record as all divorces do--unless for a particular reason the judge is asked to seal the record and does so. Also, as it was an agreed divorce there was nothing particularly "bad" in the documents. Yet the question arises--What if we had reconsidered and decided not to file the divorce?

These are being kept in a loose-leaf binder, to be turned over to the bank's officials.

Tennessee Code states:

8-16-118 Recording Fees

A fee of one dollar ($1.00) and no more is allowed to a notary public for recording in a well-bound book, to be kept by such notary for the purpose, each of the notary's attestations, protestations, and other such instruments of publication.

The Secretary of State's web page states:

Am I required to keep records of my notarizations?

Tennessee law does not specify that you must keep record of notarizations. However, that can be inferred from the statutory provision which allows a notary to charge a fee of one dollar ($1.00) for recording in a well-bound book each of the notary's attestations, protestations, and other instruments.

And for further information, read the Tennessee Notary Public Handbook

Now this does leave some very gray areas of whether or not keeping a journal is required, but it definitely does not say that we can or should keep a copy of people's documents.

Also, let me add that I was charged nothing by the notary for her performance of the notarizations--the bond issurer will not allow it.

What if I had taken my will in there to be notarized?

Hypothetical Situation:

Linda makes out a will, leaving nothing to her son.

Linda then takes this will to a notary to be executed and notarized. The notary makes a copy and places it in a loose-leaf binder.

Linda's son, Albert, has an affidavit to be notarized and he takes it to the same notary. Again, the document is signed and notarized, and a copy made.

As they all live in a very small town, Albert and the notary start up a conversation about the upcoming Mule Pull. While still talking, the notary pulls out her notebook and places the affidavit in it. The phone rings and she turns to answer it, leaving the notebook open--to the document last placed in it--Linda's will!

Now Albert is not a nosey person, but out of boredom, his eyes fall on it, he notices, in bold lettering across the top--Last Will and Testament of Linda Jones--of course his own Mother's name catches his eye and the rest becomes a huge family rift!!!

Any thoughts on this one???