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Lisa T.

California
391 Posts

Posted - 04/23/2009 :  5:10:33 PM  Show Profile  Visit Lisa T.'s Homepage  Reply with Quote
In my opinion, abarwick did the right thing. While CA Notaries are not responsible for what people do with properly notarized signatures, they are responsible for refusing to notarize when the customer's actions (in the Notary's opinion) raise red flags. CA Notaries are not bound to notarize signatures under any and all circumstances. Personally, I am not alerted by generic forms, but crossing out names to make the ID match the paperwork would be a red flag to me too. I would most likely stop such an appointment too. The customers will probably get another generic quitclaim deed, take off one of the ex-wife's names so the ID and paperwork matches and then go to another Notary.

Edited by - Lisa T. on 04/23/2009 5:16:00 PM
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PWinFL

Florida
469 Posts

Posted - 04/23/2009 :  3:30:31 PM  Show Profile  Visit PWinFL's Homepage  Reply with Quote
What you think about the situation matters very little. If the document signer is present and states that they are signing of their own free will and you are able to identify the signer in accordance with your state laws, then you are obligated, by CA statute, to notarize the signature. (Assuming, of course, that it is an acknowledgment on the QCD.)

I do suggest that in situations like this, you ask to talk with the signer alone. Use your best judgment to ensure the safety of yourself and your signer and in determining whether or not the signer is being coerced into signing.

Never drive any faster than your guardian angel can fly.

I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.


Visit us online at http://www.PAWnotary.com
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n/a

California
1 Posts

Posted - 04/23/2009 :  1:29:52 PM  Show Profile  Reply with Quote
Carmin or everyone
New to posting here. I was asked to sign a quit claim deed by a 3rd party. 2nd party called me and said his x-wife ( 1st party ) was going to sign. Red Flag for me. In short, met e-wife and husband at venue and was presented with a generic quit claim deed. Wife name was handwritten with hypenated last name. ID was not hypenated last name. x-husband said I'll just cross out one last name to make ID match. Said I could not do it. I left saying call me when the parperwork is right. But it looks like fraud to me. What does anyone else think.
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