Posted by kcg on 5/13/13 1:56pm
Msg #469775

Comment on GNW Issue

Several weeks ago, I met with a man and his ex (who drove 2 hours up) to sign some post divorce docs. They had 8 pages that had to be signed and notarized. They were congenial and after we were done, he and I gave her instructions on an easier way back home.

This morning, he called me and I could tell there was an issue. He went on about 20 mins giving me the history of their divorce and what she's done to him since (thought my brain would explode) turns out she's a little nuts. Anyway....bottom line is that she is now saying that she signed those papers under duress and that they were null and void. He asked if I would write something up to say that she was not under duress when she signed. I told him to contact his attorney and perhaps he'd draw something up....of course I will attest that she was NOT under duress. I would never have notarized anyone's signature whom I felt was under threat to do so.

Has anyone encountered anything like this before? If so, any advice?

Reply by Lisa Cirillo on 5/13/13 2:11pm
Msg #469779

I would leave this to the lawyers. She may not have been under duress or may have been. She could be a great actress and thought twice about the whole situation.

My ex-husband tried claiming he was under duress when I filed divorce papers and he failed to show twice in court. Years later he was claiming he was under duress. It never panned out.

Hope this doesn't get too sticky for you. It's just nuts what some people actually do. And we can't forget there are always three sides to the story - his, hers and the truth. Good luck.

Reply by GOLDGIRL/CA on 5/13/13 2:14pm
Msg #469780

My "advice," since you asked, is to stay completely out of this. First of all, what's duress to her may not be duress to someone else and vice versa. Second, we're mere notaries and are not qualified to define duress, diagnose duress, or attest to duress. (As much as some notaries would like to think they are mini-psychiatrists.)

In any case, of course you wouldn't have signed anybody who clearly did not know what they were doing. But that's as far as I'd go with this. I'm not sure if I'd sign any "statement" from any attorney. This is beyond our pay grade. For all we know, the ex-husband is the one who is "a little nuts." There is always more than one side to a divorce story. Seems to me, the one who is claiming duress (ex-wife) or her legal rep should be the one(s) calling you. (Thank goodness they're not.) Let them hammer this out.

Reply by Lisa Cirillo on 5/13/13 2:19pm
Msg #469782

Very well put GOLDGIRL/CA. I'm with you on this one. Leave it to the ones getting paid the big bucks. (lawyers)

Reply by Bear900/CA on 5/13/13 2:29pm
Msg #469784

Ditto. The fact that he called and went on for 20 minutes would make me highly suspicious that he is the one that's a little nuts and wants to void the agreement.

But that's besides the point. Lawyers get paid good money to sort through this stuff.

Reply by Buddy Young on 5/13/13 2:25pm
Msg #469783

Before you get too worked up or worried about this remember it's not your fault.

Reply by Karla/OR on 5/13/13 3:01pm
Msg #469786

I agree with the advice given here.

Just one question: did you speak an oath to them: swearing or affirming upon pain of perjury that they were executing the documents voluntarily and that the allegations stated therein are true and correct to the best of their knowledge???

I would feel more comfortable about the situation knowing I had done that.

Reply by kcg on 5/13/13 3:13pm
Msg #469789

Re: Thank You...

for the different perspectives. I appreciate it. In my mind, the first thing I thought of was someone being forced or threatened to sign the document. I don't know what transpired between them before I got there...I only know that she drove a long distance to meet with him and that SHE brought the documents with her. I never looked at what the docs were, I only notarized Acknowledgements on each set.

It is true, I have no idea what duress or stress she was under - only that she seemed to be in control of the meeting. I can only attest to the fact that she signed under her own free will at that time.

It's great to get other mindsets on this.

Reply by Notarysigner on 5/13/13 3:17pm
Msg #469790

Here they would have to file the paperwork (settlement agreement) with the clerk and then appear before a judge who would grant them dissolution of marriage. Plenty of people to choose from besides the lowly notary!

Reply by kcg on 5/13/13 3:27pm
Msg #469791

They were divorced 5 years ago....there was property, credit card debt, etc., which she (according to HE) has been harassing him about. Who knows the truth...I don't and I don't care to know.

Reply by Lisa Cirillo on 5/13/13 3:38pm
Msg #469794

Sounds like she wasn't under duress and jumped the gun, did something her attorney is not agreeing with. Best that they figure it out on their own.

Reply by LKT/CA on 5/13/13 4:44pm
Msg #469805

Yes, I've experienced something similar

Last year, man calls me from a rehab center and says he needs a POA notarized naming the (soon-to-be X) wife as agent. Then weeks later he calls me saying everything was a big mess and his wife disappeared with the POA and he really had not read the paperwork he was signing. He believed she was going to "take him to the cleaners". I asked him why he freely signed the paperwork without any objections and told him I would have halted the appointment. He rambled on a bit but I told him there was nothing I could do about it. Never heard from him after that.

Reply by GOLDGIRL/CA on 5/13/13 10:43pm
Msg #469823

Hmmm... he shoulda done a POA revocation then .... n/m

Reply by Notarysigner on 5/14/13 10:08am
Msg #469848

Re: Hmmm... he shoulda done a POA revocation then ....

Yep, in fact a lot of folks don't know you gotta do that before issuing a new POA

Reply by Art_PA on 5/14/13 10:19am
Msg #469850

You must sign nothing. Contact your E&O carrier if you hear from him again. If she files trying to nullify the transaction you will probably be a witness.

Reply by GOLDGIRL/CA on 5/14/13 12:11pm
Msg #469858

Two excellent suggestions, Art n/m