Posted by John Merchant on April 18, 2008 at 19:32:01:
A NP is licensed by a State Board and anything like this, if proved, would cost him/her the license and probably also a fine…and it could even be grounds for a felony conviction.
I always felt an event like this gave me bargaining power but, if done wrong, it sure smacks of extortion or blackmail so the wronged party has to be very cautious about how he goes about profiting on the situation.
I’d have a lawyer notify him/her that although you have evidence of fraudulent activity on his part, you’d prefer to “work it out” in following way, etc., etc…But do NOT threaten any action on his crime as that must be avoided by you.
What is the best way to go after a Notary if he falsified a record? He notarized a doc. when both husband and wife need to sign, but only the husband signed the doc and he forged his wife’s signature.
Friend spent big $$$ on sim. deal - Posted by John Merchant
Posted by John Merchant on June 04, 2008 at 10:11:52:
A close friend of mine who’s made lots of money in buying notes got himself in some deep and dirty water with a Notary deal.
He was buying a note from a lady in FL from whom he’d bought other RE notes, and when a NP was needed, my friend said “no problem and I’ll just put my notary here in my office (in Spokane WA !!!) on the phone and she’ll notarize it for you”.
So she did, and NP, without ever seeing anybody sign anything, did act as the NP long-distance over the phone.
Well of course the worst happened and the putative (means alleged albeit unproven)common-law MX wife hired a mean local FL lawyer who sued my buddy and his NP for fraud, etc.
This sorry mess actually cost my buddy more than $10k in trip to FL, lawyers bills, etc. although he got the case dismissed with court costs against plaintiff.
Posted by Sued Notary on April 23, 2008 at 15:21:56:
I was sued once for negligence and notary fraud. I did a favor for an older client, and got burned by a child who was able to do a spot-on forgery of her sig. no good deed goes unpunished.
here’s the difference between me and most notaries. I had assets. Most notaries do not. particuarly ones whose only job is that of notary.
if you were damaged by the forgery, and if the notary has assets you can reach, its a slam dunk lawsuit. you should check out whether the notary carries E $ O insurance (most do not) or a notary bond (most do). there could be a small amount of insurance in play.
I would gather all my evidence together. A copy of the forged, notarized document, a copy of some document like a driver’s license with the wife’s real signature (they are not likely to match unless the husband is a professional forger. If the husband had a POA to sign for the wife, then the document would be signed with his name in her space with some phrase similar to: “for Sue Jones as attorney in fact”. Also ask the wife if she ever signed a Power of Attorney for her husband.