Posted by John Merchant on January 03, 2005 at 23:38:06:
“appeared before me, the undersigned notary public…” is what the NP’s acknowledgement form says, in every state I know about.
This is in fact what usual NP law requires of the NP.
So if the NP notarized a signature of somebody who was NOT in front of him/her, and didn’t ascertain that WAS the person who signed, he/she would be liable on his bond for any damages they caused you.
If the NP was a lawyer, he/she would be in trouble with his/her Bar Association…if a secretary in the firm, acting under orders, then the NP and his/her boss would both be in trouble.
I know a co.owner who had his NP do this in State A for a signer who was in State B at the time…and the co. and the NP both got sued and had to spend some big bucks getting it straightened out…that NP never even met the signer and had no idea who actuall signed, his state of mind, etc…and could have lost her license over this had the state’s NP licensing board ever known about it.
Posted by Newman Gee on January 03, 2005 at 20:17:51:
Land is sold by four heirs and one of the heirs witness signature was a forgery. The deed was notarized at the lawyers office after the sellers signed and witness the deed in there own homes with no notary present. Is this legal and who is liable, the lawyer or forger?
Newman, the tense of your sentences are a bit confusing, but from what I read, the lawyer notarized a signature that they did not witness, is that correct?
If so, the notary at the lawyers office is in big trouble(as a notary, that is one thing you never do!) and hopefully the purchaser had title insurance. Is the heir claiming not to have signed the deed? How do you know the witness signature was forged? Was the Heir’s signature forged? Did they each sign in their respective homes or all together (witness). Let us know how it turns out.