Posted by cassiewi on 1/4/07 9:04am
Msg #168987

A first for me...and a lesson learned

I was contacted by an attorney to complete a closing. He is the owner of mortgage company. I had read some horror stories of some notaries working with attorneys and I was a little leary. Well it took a week for him to have a definite time for me to come. This mortgage was for him and his sister. I went searching through the Illinois State Bar for him and couldn't find him. So I asked him about it. He told me he had not yet passed the bar. A warning bell went off, but giving him the benefit of the doubt, I go anyway. I get there, he seems nice, shows me around, etc.

We sit down and I ask is your sister coming? He says no, but I have copies of her IDs and passports and I look down at the documents and they've already been signed on the 29th! I politely tell him I cannot do this without everyone present and I cannot notarize for the 29th. He says you can put whatever date you want on the documents, and then proceeds to try to convince me that this is legal. I tell him no, I cannot do this. He then gets angry and says fine, then we're done, we're done then. As I pack up my bag, he's saying I thought I made this clear on the phone, I said no, had you told me on the phone that they weren't going to be here I certainly would not have come. As I'm walking out he says sorry you wasted your time with a smirk like there's no way in hades he's paying me. I just say me too. Even if he had offered to pay me, I wouldn't have taken any money from him. No freaking way.

On the porch he says well my sister works at Customs at the airport, would you be willing to drive there? I asked him Milwaukee airport? He says Milwaukee? I told him if he meant Chicago airport that I am not comissioned in Illinois and cannot perform notarizations there. He says the property is Wisconsin, I tell him again that wherever I perform notarial acts HAS to be in the State of Wisconsin. I tell him I'm sure he can find a notary to go to the airport. He then says, oh yes, notaries are a dime a dozen, I just chuckled and left.

Honestly never expected to have deal with anything quite like that and face to face to boot. Oh yeah and he's also a notary!

Reply by Linda_H/FL on 1/4/07 9:08am
Msg #168988

Re: And now you know why he hasn't passed the bar yet

Scary - he's gonna be a lawyer..

Reply by Ernest__CT on 1/4/07 9:09am
Msg #168989

You've GOT to turn that turkey in!

Contact both the agency that commissions Notaries Public AND the Bas Association.

Reply by Stamper_WI on 1/4/07 9:09am
Msg #168990

Well we know why he hasn't passed the bar yet. Hopefully he won't. Maybe the IL State bar should have a heads up on him

Reply by Stamper_WI on 1/4/07 9:10am
Msg #168991

Not typing fast enough today n/m

Reply by cassiewi on 1/4/07 9:31am
Msg #168994

He probably failed the ethics portion of the test. Sad thing is, he probably found someone to go do it.

Reply by John_NorCal on 1/4/07 9:25am
Msg #168992

I wonder if he went to some National Nuisance Assoc to get his notary commission. We can gather that he got his law degree from a box of Cracker Jacks.

Reply by Gary_CA on 1/4/07 10:22am
Msg #169002

Now if a fella (or a gal) were a trouble maker...

First you report what happened to the IL Bar and the Wisconsin SOS... just a quick note (something for your files) On Jan 3 I was asked by Joe Blow to backdate and notarize without the presence of Cindy Mindy....

then you wait till that deed records and go look it up... and then drop a note to Joe and his dime a dozen (overpriced if you ask me) backdating notary... I see that you notarized x deed on 12/29 which seems quite strange to me since I was asked on 1/3 to back date the same deed...

If you were in a stir-the-pot kinda mood... probably more trouble than it's worth.

I would send a quick note to the bar though... just the facts without your opinion of whether or not any breech of ethics was committed... on this date, he asked me to do this and that and the other. Then leave the rest to them.

Isn't a State Bar made up of lawyers? (sending the fox to guard the chickens)

Reply by jojo_MN on 1/4/07 10:48am
Msg #169007

Maybe it's time we do start making waves

After reading this, and going over in my mind how many times I've been asked to backdate lately--which I always turn down, I'm think that a few more notaris should be turned in for illegal acts.

If not, then there needs to be changes made at the state level as to how notaries get their commissions. I have had many items notarized over the years at various places and have never once been asked for my identification. Really scares me!

In addition, Wisconsin doesn't ask for a commission before they issue you a stamp. Anyone can walk into an office supply store and order a notary stamp. You might have an item notarized by someone that is not even a notary.

Reply by JanetK_CA on 1/4/07 3:59pm
Msg #169093

Re: Maybe it's time we do start making waves - YES!

"You might have an item notarized by someone that is not even a notary." Pretty scary thought!

That's not the case in Calfornia. Makers of notary stamps must be authorized in advance by the state and issued a number - just like notaries - before they can produce a notary stamp for someone. (And the maker's number must be on the stamp.) To order a stamp from a business on the list of authorized companies, a notary has to produce and hand over a Certificate of Authorization issued by the Secretary of State's office (on the SOS letterhead). This certificate is sent along with all new commissions. If a person wants a replacement, they must send a written request for a new Cert. of Auth. - and, of course, SOS staff will check to make sure the requestor has a currently valid notary commission before it is issued.

If your state doesn't have any procedure to control the production of official notary stamps, something like this might be well worth lobbying for....

Reply by cassiewi on 1/4/07 11:01am
Msg #169009

Re: Now if a fella (or a gal) were a trouble maker...

LOL, that's more or less what I was thinking. Although he didn't specifically ask me to back date, he said I could put whatever date I wanted on them.

Reply by Stamper_WI on 1/4/07 12:45pm
Msg #169036

Re: Now if a fella (or a gal) were a trouble maker...

I think a lot doesn't get reported because its a hassle for the person doing the reporting. You have to to some of the footwork like checking the document as it is recorded and have proof you were asked to do the same. A statement that you were verbally asked to do something is a he said/shesaid situation and your phone bill will show a conversation took place between parties but not what was talked about.
I also know that some worry about repercussions but I want to remind you that there are whistle blower laws.
My SOS says that they turn things over to the Attorney generals office for investigation. The SOS does not have enforcement powers without that investigation. It is the Attorney Generals office that would press any criminal charges. The SOS would revoke the commission or fine based on that.
We can moan about unethical or illegal acts forever or we can act on them. You are asking the SOS to look into this. The judgement is up to them on what to do with your information. If the offender is offended......good! At least it will give them a heads up on their tactics and procedures and hopefully they will not do it anymore.

Reply by Gary_CA on 1/4/07 9:01pm
Msg #169268

By the way, under CA law...

it is a misdemeanor to ASK us to violate notary law... how that would get enforced I do not know, but at least the law is there.