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FlaNotary
Florida
59 Posts |
 Posted - 08/20/2010 : 09:36:49 AM
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quote:
Originally posted by Montgomery Huff
Thanks for the info.
I'll stick with using my stamp at work for pay request and lien releases like it was intended for.
No more Mr.nice guy and favors for me.
Now that I disagree with.
You are a public official. You have a duty and responsibility to make your services available to members of the public. As long as you follow your state's notary laws and exercise your duties in a strictly ministerial capacity, you have nothing to worry about.
Robert T. Koehler
Notary Public for the State of Florida
Commissioner of Deeds for the State of Florida in the Bahamas
Commissioner of Deeds for the State of New Hampshire
Certified Loan Signing Agent
AAWO Accredited Wedding Officiant
www.NotaryWeddings.com |
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n/a
Florida
2 Posts |
Posted - 08/20/2010 : 09:12:18 AM
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Thanks for the info.
I'll stick with using my stamp at work for pay request and lien releases like it was intended for.
No more Mr.nice guy and favors for me. |
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FlaNotary
Florida
59 Posts |
Posted - 08/20/2010 : 07:24:55 AM
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It depends on what type of notarial act you were supposed to have performed.
First, I must say, that you do not "do a notary"... you are "performing a notarization".
Second, if the documents only required an acknowledgment, then the wife's declaration that she signed the documents of her own free will is sufficient. With an acknowledgment, you are not required to witness the actual signatures.
If the documents required an oath, evidenced by the words "sworn to and subscribed...", you were required to administer an oath ("Do you swear that the contents of this document are true and correct?") and witness the signature. With an oath, the document must be signed in your presence after the oath has been administered.
And lastly, they can't just unilaterally take you to court for violating a notary law. They can complain to the Secretary of State, but only the state can press charges against a notary for violation of the law. They are yanking your chain, and probably don't have the money to even file a lawsuit if they wanted to.
Robert T. Koehler
Notary Public for the State of Florida
Commissioner of Deeds for the State of Florida in the Bahamas
Commissioner of Deeds for the State of New Hampshire
Certified Loan Signing Agent
AAWO Accredited Wedding Officiant
www.NotaryWeddings.com |
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n/a
Florida
2 Posts |
Posted - 08/20/2010 : 07:01:19 AM
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Not sure if I am going to have a issue or not, but the story goes like this,.......
Several months ago I notarized a load modification (30 to 40 year term)for my next door neighbors which my wife and I had been friends with for a few years. They where having some financial troubles and didn't want to pay someone $10.00 to do the notary so I said I would take care of it at no charge.
I went over to their house to do the notary and found the wife had already signed the papers. She was home and she asked me if I needed anything else from her ( she was busy with the kids or something )I told her no as long as she tells me she signed the papers and of her own free will. Which she replied "Yes".
I read through the documents briefly, witnessed the husbands signing, and then notarized the documents.
Shouldn't be any big deal. Well,......guess what!
Recently (this past Tuesday) My wife and I ended up in court with this neighbor trying to collect on a several hundred dollar loan we gave them ( another mistake I will never make )that they where not paying back. The judgment went in our favor and they where also accessed court costs.
Needless to say, we are not friends anymore.
So now in retaliation,.. after all this time, they are threatening to take me to court for notarizing the loan papers when I didn't see the wife actually sign the papers.
The wife did confirm that it was her signature on the papers and she was present at the time of the notary.
Should I be too concerned about this or do they have a legitimate case against me?
I sure wished my st post was a little more positive.
Comments please...
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