Posted by lowerAL on 6/18/08 9:59am
Msg #251789

The forged signature on the POA is mine.

My question is what can happen to the notary and the car dealership that notarized my soon to be ex-husband who forged my signature. I can not believe this has happened.

Reply by Sylvia_FL on 6/18/08 10:02am
Msg #251791

Hope you are taking legal action.

Reply by lowerAL on 6/18/08 10:06am
Msg #251793

My attorney has all the information. But, what can be done to the notary and her employer?

Reply by Gerry_VT on 6/18/08 10:18am
Msg #251794

The notary might not have notarized a forgery at all; maybe someone just
looked up her name and commission number and forged her signature
and seal.

Supposing that the notary actually did perform a notarization, and it
was clear to the notary that the POA was forged, does the notary
work for the car dealer? If not, she could probably be forced to
pay for the car (if the person in possession of the car can't/won't pay
and if the notary has any money that can be seized).

Reply by lowerAL on 6/18/08 10:25am
Msg #251795

The notary notarized my signature that my soon to be ex-husband forged. She worked with him at the car dealership. He has been fired. She is still employed, 19 years as a title clerk.

Reply by Linda_H/FL on 6/18/08 10:31am
Msg #251797

Can you prove this? You're positive HE forged your

signature? Or did he line up another female to pose as you and sign...possibly using an older ID he may have found. Either way...if you CAN prove it wasn't you that signed, contact the proper authorities - sounds to me like there's criminal charges that can be brought here against both your soon-to-be ex, any other female imposter involved and the notary...along with a claim for the monetary damages you have or are about to incur....JMHO

Reply by Les_CO on 6/18/08 10:34am
Msg #251798

I would file a complaint with the AL SOS. AL notaries must carry a 10K bond, and must keep a ledger. I'd ask to see the ledger. Be sure of your facts. Remember you may be asked to testify, perjury, may carry a greater penelty than an incorrect notarization?

Reply by A-1 Signing Agents, LLC on 6/18/08 11:00am
Msg #251804

Maybe more than a working relationship and she was willing to take that risk. People are really dumb sometimes. Sorry that happened to you. I think in the long run their loss will be greater than yours. Here's hoping anyhow.

Reply by MW/VA on 6/18/08 12:58pm
Msg #251831

So the notary chose to be a party to fraud--oh well!!! I hope your lawyer follows through & nails them both. We hear the stories all the time--separation & divorce is where a lot of the forgery/fraud takes place, especially selling cars, boats, houses. Did you give him a POA or did he forge one???? I'm not an attorney & give legal advice, but I'm guessing that a forged POA would be a serious crime. Good luck. I've been through a divorce & it can get very ugly.

Reply by Kathi Conahan-Baltzelle on 6/18/08 12:33pm
Msg #251821

If you haven't gone before the judge yet for your divorice, your soon to be ex could have just sweetened your deal. I am sure the judge will not think to highly of your soon to be ex's stunt. It may help you in the divison of property in the divorice settlement. He may have done you a favor to show you how stupid he is to the judge. Good luck. Defintely press charges on both of them in addition to the dealership. Ex's are a big PITA and really do some stupid things. Get a very good attorney!

Reply by Kathi Conahan-Baltzelle on 6/18/08 12:37pm
Msg #251824

Wish you lived in Virginia because I have an attorney who would have had a field day with your soon to be ex. LOL

Reply by LynnNC on 6/18/08 2:39pm
Msg #251850

The Notary has a BIG problem...

...as she did not follow notarial procedure by properly identifying "you". Your husband probably signed your signature, told her that you did, then asked her to do him a favor and notarize it...too many notaries do that for people that they know. If the car was sold by the dealership, they are also at risk, as she handles title work as their employee.

Reply by LaShaunta Jackson on 6/18/08 3:04pm
Msg #251854

Proper Procedures

what if he had a valid POA (meaning recorded) in the presence of the Notary. The notary is required to validate his ID and notarize the document listed. Most title clerks are notaries. She (notary) might not have known of any negligence been done.

Reply by Sylvia_FL on 6/18/08 3:07pm
Msg #251855

Re: Proper Procedures

As I understand it, it was the POA that had a forged signature on it. The notary notarized a signature that had been forged.

Reply by kathy/ca on 6/18/08 5:34pm
Msg #251897

How could the notary have known the signature was forged? n/m

Reply by MistarellaFL on 6/18/08 5:56pm
Msg #251903

Re: How could the notary have known the signature was forged?

Because the signer did not appear before the notary, should have been his/her first clue.

Reply by Tony_FL on 6/18/08 6:29pm
Msg #251908

It is not OUR function to determine legality of a document

... if the husband had a previously executed POA that he presented to the Notary, and signed as AIF and the Notary properly identified him; then where is the problem for the notary?

If the Notary in question, notarized the POA itself; therein lies a BIG problem for the notary.

Reply by kathy/ca on 6/18/08 6:44pm
Msg #251910

Tony, that was my thinking so the notary must have notarized

the POA itself without the principle appearing before him/her and being ID'd!

Reply by Lee/AR on 6/18/08 6:46pm
Msg #251911

That's what the original poster said. n/m

Reply by Michelle/AL on 6/18/08 11:00pm
Msg #251959

Lower AL, Call Nancy at AL SOS

While I can't say we're on a first name basis, I call her on a regular basis because I do so many general notarizations and because AL's Code is so out of date. Her # is on the SOS website for Notary Division. She usually picks up the phone herself and she's very helpful. She can also put you in touch with an Attorney who supports the Notary Division. Call me nosey or curious, but I would love to hear how this thing turns out. Keep us posted.