Posted by dgd/CA on 5/6/13 11:06am
Msg #468893

A Notary Public in Caddo Parrish, Louisiana

admitted to breaking the law on TWO separate occasions for the same people.

Firstly, by not requiring identification for a POA, and then, in a second visit, did not require the Personal Appearance of the Grantor. Unfortunately, not only did his action cause a fellows' financial accounts to be drained, the individuals named on the POA as AIF(s), are on trial for Murder by Hire...

http://www.ktbs.com/news/notary-admits-to-breaking-the-rules-in-murder-for-hire-trial/-/144844/19942740/-/3ofwloz/-/index.html

Oh My God !!! I'm speechless ...

Reply by Louisiana33 on 5/6/13 11:53am
Msg #468905

Really bad stuff. In Louisiana, the injured party can sue the person and the state for damages. This poor guy may be on his way to the pen.

I am sure most of us have been asked to "just notarize this piece of paper for me" and get criticized for asking for i.d., not working for free, etc.

Thanks for sharing the article. I hope the notaries in LA read this article and understand how serious our commission and oath are.

Reply by dgd/CA on 5/6/13 12:00pm
Msg #468906

Louisiana33...

<<< I hope the notaries in LA read this article and understand how serious our commission and oath are. >>>

Yes, but then, I hope Notaries Public in all of our states do.

Reply by CopperheadVA on 5/6/13 12:16pm
Msg #468909

If you read the comments at the bottom of the page, one of the comments says that new evidence came forward on May 1st that indicated the correct person did indeed appear before the notary to sign the POA. No further info other than that, though. I agree the notary was irresponsible for not requiring to see ID. I had someone call me last Saturday, saying his girlfriend needed to have her signature notarized on her separation or her divorce paperwork (can't remember which). But one small problem, she lost her ID, and she has no other form of ID such as passport or military ID. Sorry, no can do - told him she needs to go to DMV and get a new one.

Reply by dgd/CA on 5/6/13 12:34pm
Msg #468911

CopperheadVA...

I do quite a bit of GNW, I can't recall how many times I've been contacted to Notarize a signature without the signer being present. I have have found, that once I explain our "personally appeared" and ID requirements, most are apologetic as they simply (and honestly) have no idea what the legal requirements are.

However; there have been a couple of times ( ) that callers have tried to bully me into submission... thankfully, once I explained coercion/duress, they've just slammed the phone down. Prayed They Were Never Able To Locate A NR That Would.

Reply by CinOH on 5/6/13 3:27pm
Msg #468939

Wow. This sort of thing (sans the murder) happens all the time. Notaries who do this sort of thing never think anyone will find out until they do.

Reply by dgd/CA on 5/6/13 4:58pm
Msg #468960

CinOH.. sad, but I agree. :( n/m

Reply by La Trese Breaux on 5/6/13 4:41pm
Msg #468956

Wow, I just did a POFA and I had everybody present. Even took there dog Lilly paw print and her lic. LOL

Reply by dgd/CA on 5/6/13 4:59pm
Msg #468961

"Spot" on. lmbo n/m

Reply by GOLDGIRL/CA on 5/6/13 6:15pm
Msg #468967

Poor Ernest

SHREVEPORT, LA (KSLA) -

A Caddo Parish Jury has found Linda Kate Passaniti guilty on all five counts against her in the murder-for-hire of Ernest Luttrell.

The charges for which Passaniti was convicted include: principal to second degree murder; conspiracy to commit second degree murder; principal to forgery of the power of attorney over Ernest Luttrell's health care; principal to forgery of the power of attorney over Ernest Lutrell's finances; principal to forgery of the last will and testament of Ernest Luttrell.

It took the jury just over an hour to return with the verdicts.

Passaniti, 58, was arrested in March in connection with the death of her 73-year-old stepfather Ernest Luttrell in July 2010.

Passaniti is the daughter of Loretta Luttrell, who was previously charged in the case. Luttrell was later found incompetent to stand trial.

Two alleged co-conspirators have already pleaded guilty for their roles in the murder, and agreed to testify against Passaniti. Erick Crain took the stand on Monday, telling prosecutors he was promised $1,000 to kill Luttrell and make it look like a robbery. Armed with a .44-caliber weapon, Crain says he went into the Luttrell home to where he had been told Luttrell would be sleeping.

According to prosecutor Daughtry, "She wanted them to shoot him at least twice in the head make sure he was dead."

Prosecutors painted Passaniti as the mastermind of the murder-for-hire plot, in a bid to gain access to his money.

Passaniti faces life in prison for the conviction on the second degree murder charge.

Sentencing has been set for Thursday, May 16 at 9:30 a.m.

Reply by dgd/CA on 5/6/13 7:16pm
Msg #468969

Re: Poor Ernest... Yes Indeed

Thank you for following up on this. My heart has been heavy all day. Not only for this "INTENTIONAL" heinous crime, but of course, the role of the NR.

<<< It took the jury just over an hour to return with the verdicts. >>> That Long??? But then, they do have to leave the courtroom; get re-situated; relax; pole their members; call the clerk, get back into the courtroom.

Reply by Robert522TX on 5/6/13 8:30pm
Msg #468973

Re: Poor Ernest

Wonder how much they paid this notary who didn't have the nerve to ask for proper ID?

Reply by dgd/CA on 5/6/13 8:42pm
Msg #468975

Re: Poor Ernest

Not very much. After all, she (they) came to him at his business site.

Just so sad

Reply by BrendaTx on 5/7/13 6:30am
Msg #468997

Actually, I think there may have been two notaries

involved in this case in two different locations. I will try to find the rest and post it.

Reply by dgd/CA on 5/7/13 6:49am
Msg #469000

Two??? UGH... it's worse than I thought.

Thank you Brenda, for going the extra mile. You always do

Reply by MW/VA on 5/7/13 7:17am
Msg #469005

Wow--what a story. I have signed POA's for senior citizens, often because they become ill, are in a nursing facility, and have to have a family member handle their affairs. I'm very careful with those, because I understand they are often misused. The banks hate POA's too, because they've seen a lot & don't want any liability for these matters.

Reply by dgd/CA on 5/7/13 8:25am
Msg #469008

" I'm very careful with those "

I would prefer to think that all Notaries Public are. However; this court case shows us that not everyone is.

Reply by AlanJ/LA on 8/18/13 5:18pm
Msg #480933

As it turned out, the notary had seen the IDs. He just didn't remember the specific transaction because the ADA showed him a picture of the principal taken years and years before. When the notary saw a recent photo of the principal, he remembered him, and that he had both the principal's and the agent's ids on the counter. The news reports didn't cover the rest of the story. Only the ADA's castigating the notary for not seeing IDs, rather than not remembering the particular incident. The notary did not remember the principal because the ADA showed him a photo that in no way resembled the decedent. It is a case of a good notary with a bad memory. He was later defended by a former Caddo DA, who speculated that the ADA might well have breached the rules of professional conduct for La. attorneys. We actually need more notaries who will admit when they don't remember. The truth was used by the prosecution to impeach the notary's honor. If you don't remember, that's what you have to say if you intend to tell the truth.

Reply by Malbrough_LA on 8/18/13 6:46pm
Msg #480938

Well, that one sucks, but bad memory shouldn't even enter into the equation.

This is why we are advised to not deviate from requirements per statute for anyone. If it calls for 2 witnesses present at signing, there will be 2. If it calls for due reading of the whole, it will be done. Everyone's valid id will be present and all will be checked. This way when (it's not a question of "if" down here, and that's how I treat it) I am called to testify, I can answer truthfully what I require for each and every act without deviation. It's referred to as form, custom, or habit for a reason.

Coincidentally, this is even covered in our Notarial Law study guide from SoS in the Caveat section if memory serves me correctly (the section I may have wrong, but it IS in there). You'll never have to question whether you did it or not because you do it EVERY single time and can swear that under oath. Whether it's a friend, relative, etc - irrelevant. I worked my butt off and my fingers to the bone to earn my commission. A deviation for a quick buck is so not worth it and I'm more than happy to have someone leave my office angry for not understanding as I cite them La. R.S. 14:125 on False swearing along with R.S 14:132 on Injuring Public Records.

TLDR? Never break custom, and my Commission is worth far more than any money someone can offer.