Posted by Laurie Rangel on 9/24/07 7:59am
Msg #212743

I Need some suggestions

As a notary I was contacted by a woman in California that was in a car accident during her recovery a notary in Arizona with the help of her boyfriend had her sign some documents that he nortized. As a result she lost everything including her business.

She is trying to locate the notary to find and see the documents that she was suppose to have signed.

I have suggested to her to contact the Secretary of State there was no help there. Arizona notaries are required to keep a log book other then that I can not think of any other way for her to find out what she signed. Can anyone think of any way she can locate these docs or the notary?

Reply by Raimond on 9/24/07 8:02am
Msg #212744

Start where the problem ended.... If someone took $ from a bank account, go to the bank and ask for the POA to see who did the work.

Reply by Sharon Taylor on 9/24/07 8:09am
Msg #212747

Exactly - start with where the docs were used

If a POA or another type of document was used in any type of transaction, then the document should be in a file somewhere as part of the paper trail. For example, if the document was used to sell the business or property or a vehicle, it would be part of the records of the sale in the courthouse and/or DMV and/or the real estate office and/or an attorney's office if one was involved. Go back to the places where business was conducted using her name and these notarized documents. Someone somewhere has copies in a file.
She's starting at the wrong end. First she needs to see one or more documents to find the notary's name. Then she can track down the notary through the Secretary of State's records.

Reply by Laurie Rangel on 9/24/07 8:23am
Msg #212750

Re: Exactly - start with where the docs were used

She has the notaries name, she has sent him a certified letter using the address given to her by the SOS however it has some back to her undeliverable.

As far at going to the bank should she start at the back that she banked at? See this is where the problem lies eveything was in California, the notary was in Arizona and this notary does not have dual license for both states. Wouldn't the POA be filed at the bank?

Since Arizona notaries are required to keep a log book, he would have listed the docs in his book.

Reply by Barb/MO on 9/24/07 9:12am
Msg #212760

Likely that notary is subject to revocation of his commiss'n

for his failure to update his address with the SOS. If the person you're trying to assist would like further assistance from the SOS in locating the notary, she just needs to advise the SOS that her letter was returned as undeliverable, and let the SOS take it from there. If he cares about retaining his commission and can be found, I'd imagine that he'll cooperate.

Actually, whether she cares to further track him down or not, if he's not in full compliance with the state's NP statutes, he should be reported to the SOS on general principles.

Reply by Sharon Taylor on 9/24/07 10:01am
Msg #212766

Oh, and not all notaries keep a log book

Unfortunately a lot of notaries, especially new ones and casual part-timers, are not aware that they must keep a log book or they do know but shrug it off as just a nuisance. I've kept a journal/logbook ever since starting over 10 years ago, and it really is quick and easy, so there's no excuse not to.

Reply by Adrian Winstead on 9/24/07 8:38am
Msg #212756

She should contact the department of professional regulation or go to an attorney. She can also go to the court house and see what has been filed. She probably can do a records search on-line through the clerk of court's office.

Reply by Kevin/Ct on 9/24/07 9:06am
Msg #212759

The parties to whom she lost everything should have copies of the documents. If there was any court action involved they would have most likely needed to file copies with the court pleadings. If so, the court would also have copies.

Reply by Sharon Taylor on 9/24/07 9:55am
Msg #212764

Where were docs signed and where were they notarized?

Where was the woman when she signed the docs - CA or AZ? Was she was in CA and signed the docs there? Was she in AZ and signed the docs there? Was the notary present when she signed the docs, or did the BF take the signed docs to an AZ notary to be notarized? These are critical preliminary questions. Obviously, an AZ notary can't notarize docs signed in CA, nor can he/she notarize docs signed in AZ where he/she has not personally seen and properly identified the signer.
As someone else suggested, the AZ notary may have had his/her license revoked. The Secretary of State would have a record of that. Was the notary sued or arrested for illegal acts? Again, that would be a matter of public record, at least in the county where the notary resided. A search of newspaper records for the notary's name may turn up something.
If the woman in CA has the "last known address" of the notary, she could check real estate records to see if the property was owned by the notary and then sold. Usually real estate records give the forwarding address of a selling party.

Reply by Laurie Rangel on 9/24/07 11:57am
Msg #212790

Re: Where were docs signed and where were they notarized?

This is where the problem lies, she does not remember signing anything so she could not say if it was in CA or AZ or even if the notary was there at the time. She is having to go on what the BF says and he isn't giving her much information.

Unfortunally many notaries don't even know the laws governing us (as notaries) so he might have taken his stamp into CA because it was in Quartsize which is only a few miles for the AZ/CA boarder.

I also found out that many notaries did not go throught the SOS to ge commissioned they went to their local flee market for their stamp

Reply by SharonMN on 9/24/07 1:18pm
Msg #212800

Re: Where were docs signed and where were they notarized?

Laurie Rangel wrote: **As a result she lost everything including her business...She is trying to locate the notary to find and see the documents that she was suppose to have signed.****

First of all, this person should retain a lawyer to help her sort through this mess!

The notary won't have copies of the documents. The notary should have a log recording the date, time, title of docs notarized. In any case, the notary is fairly irrelevant at this point.

Start with the records that show that she owned the business, her bank account, her house, whatever. I understand someone is telling her she no longer owns these things, so there must have been some paperwork that shows she transferred these things to someone else, or gave someone else power of attorney. She should state that she didn't transfer the property/suspects fraud and ask to see that paperwork. The only reason the notary might be needed is if papers are produced which do appear to show her genuine signature. Then she might want to track down the notary to see if (1) the notary is a real notary, (2) followed proper procedure at the time of notarization and (3) if the notary can give any information about the signer's state of mind at the time of signing. The SOS should have a current address -- if not it is fairly easy to skip trace most people in this digital age - there are many people locating services on the Internet.

Reply by Raimond on 9/24/07 10:57pm
Msg #212877

Laurie

Contact me, I live in Blythe part time and I may know who the notary was.....

Reply by Ernest__CT on 9/25/07 12:05am
Msg #212884

Laurie: This situation is beyond you. Way beyond.

Assuming that everything you've been told is the truth, and that everything that you're telling us is the truth (and we have no reason to doubt you!), then the lady needs to get the assistance of an attorney. Please, do not attempt to practice law without having been admitted to the California bar.

Your intentions are undoubtedly good, and you'd like to help, but you are not qualified AS A NOTARY to persue investigation and give advice to the victim.

The California Bar Association may be able to help the lady find professional help at reduced rates, or even at no charge.