Posted by GL/CA on 4/12/06 9:10pm
Msg #113175

WHAT IF ANYTHING CAN I DO?

Just got back from a signing. The owner of the financial institution slammed me> Got there looked at the documents he wanted signed. It was an agreement between him and an employee. That the employee would get trained and would get promoted according to the agreement. 1. A place for the employee to sign....2. a place for the notary to sign. Well I began to fill out an acknowledgement to attached to the agreement. Why because there was not notorial wording. Well he went burzerk!!!! He told me to get the "F__K" out of his office and told his employees never to call me back. He said I was stupid, that he was a notary and he never had to do that. Well I told him I would not put my seal and name where there is no notorial writing and that the acknowledgment should be the way to go. Well he cursed me out, I picked up my things I left. Is there anywhere I could go to file a complaint? This man is rude and cusses anyone he can. The loans he does are horrific. He preys on the disadvantaged.

Reply by Charles_Ca on 4/12/06 9:12pm
Msg #113177

He may be rude and he cusses but you were guilty of practicing law without a license, you should be happy it didn't go any further.

Reply by GL/CA on 4/12/06 9:19pm
Msg #113179

I'am not sure what you are saying to me. What do you practicing law without a license?

Reply by BrendaTx on 4/12/06 9:26pm
Msg #113181

In Texas the correct procedure would have been to let the guy pick out a jurat or an ack if he wanted something notarized. It would have to have one or the other, but I cannot which one because that's UPL--me acting as if I have enough legal knowledge to decide on the notary certificate wording.

Bad behavior on his part no matter what.

Reply by GL/CA on 4/12/06 9:28pm
Msg #113182

But was I correct in "NOT" signing his "agreement" letter because it had "no" notorial wording? Your experience is greatly appreciated.

Reply by Charles_Ca on 4/12/06 9:31pm
Msg #113185

Yes you were correct in not signing without the correct

wording. And the man was very bad-mannered, but then he may have been bad mannered becaseu he was a notary and knew that you didn't know. It still doesn't excuse his bad manners but there are no laws dictating manners, there are laws dictating you work.

Reply by GL/CA on 4/12/06 9:34pm
Msg #113186

Re: Yes you were correct in not signing without the correct

Thank you for your advice. He got angry when I refused to sign his agreement. I did not dictate to him the acknowledgement.

Reply by Charles_Ca on 4/12/06 9:51pm
Msg #113187

You stated in your original post

"Well I began to fill out an acknowledgement to attached to the agreement. Why because there was not notorial wording." It appears that you were the one to decide to use an acknowledgment and that constitutes unautorized practice of law or did I miss something? Anyway people are not always nice unfortunately and there are some real jerks out there. You did the right thing to leave but you really have no recourse. In an argument over his loan practices you would be at a great disadvantage unless you yourself are also licensed to originate loans.

Reply by Charles_Ca on 4/12/06 9:28pm
Msg #113183

UPL, unauthorized practice of law, notaries don't make

decisions regarding documents. It was not your decision to make whether you use a jurat or acknowledgement. Unautorized practice of law can get you in a whole lot of trouble. You need to go back and understand the laws you are working under.

Reply by GL/CA on 4/12/06 9:30pm
Msg #113184

Re: UPL, unauthorized practice of law, notaries don't make

Okay I understand that. Thank you, but was I right in not signing his agreement letter without any notorial wording? Thank you in advance for you help.

Reply by GF_CA on 4/12/06 10:07pm
Msg #113188

yes! you were correct. n/m

Reply by Mung/CA on 4/12/06 10:16pm
Msg #113189

that guy was a real pinche. n/m

Reply by Charles_Ca on 4/12/06 11:58pm
Msg #113201

Re: that guy was a real pinche. Hey, that's what I call

my dog "Ay que pinche pooche" and she's a lot nicer thtn that guy was!

Reply by Korey Humphreys on 4/12/06 10:27pm
Msg #113190

Maybe the employer engaged in misconduct.....

If he were a notary, then he should know that you can't just stamp a piece of paper without notarial wording. But if he is a notary, good help him!

A lot of times if a notary public were to improperly notarize a document, that document becomes invalid and the notary public could be held liable. For all you know, maybe the employer didn't really intend to live by his word, thus having you (the notary) notarize a document incorrectly so that he wouldn't have to stick with the agreement................................. Just a thought

Reply by Korey Humphreys on 4/12/06 10:29pm
Msg #113191

*Maybe the employer INTENDED to engage in misconduct (sorry) n/m