Posted by MelissaCT on 9/18/07 7:30pm
Msg #211848

Too stupid to be true, but it just happened

Got a call to notarize POA to lender for an e-loan. Whatever, I accept & meet the "borrowers". The man & woman come with the papers to be notarized. I ask who will be signinng documents & ask for the 2 forms of ID for everyone that will be signing. Meanwhile, I'm handed the document & there's someone else's name on it. I ask who that person is & I'm told it's some "aunt" in MS who "lost everything in Katrina" & he's supposed to sign for her.

Needless to say, I wasn't able to notarize on this one. The kicker, even more so, is that his so-called fiance that was with him was supposedly a North Carolina notary & "would have notarized but she left her notary stuff at home".

Was I mystery shopped? This is just way too stupid to be real...

Reply by MelissaCT on 9/18/07 7:33pm
Msg #211849

Plus, they asked if

it would make a difference if I "talked to the person (who was supposed to be signing) on the phone". I reiterated that in ANY STATE, the person who's signature would be notarized is required to appear in front of the notary at the time of notarization IN PERSON.

This was such a poorly orchestrated attempt, it really makes me wonder...

Reply by Elizabeth Soliday on 9/19/07 1:36am
Msg #211900

Thanks, I needed a good laugh before bed..LOL n/m

Reply by Todd/OH on 9/19/07 9:51am
Msg #211919

Re: Plus, they asked if

I had a weird one late last year. Someone called me to notarize a rental agreement - "What would I charge?" I asked why, since most rental agreements are not recorded. He wanted it for his own peace of mind - security. I told him he could witness the renter's signature the same as I could. My notary seal would mean nothing. I asked if he was going to present this agreement to someone who required proof of authenticity. If so, who was that person? Oh no, nothing like that. I just want it notarized. During the course of the call (nearly 30 min), his attitude grew stronger, almost to the point of anger. As such, my arguments grew stronger.

I sniffed and smelled fraud. I told him to call someone else. I would not agree to meet him. I simply hung up.

Reply by WDMD on 9/19/07 9:57am
Msg #211921

Re: Plus, they asked if

"I had a weird one late last year. Someone called me to notarize a rental agreement - "What would I charge?" I asked why, since most rental agreements are not recorded.'


I've notarized signatures on lots of documents that never got recorded.

Reply by MelissaCT on 9/19/07 10:51am
Msg #211934

Re: Plus, they asked if

I don't know that I agree with this one. Someone wanted a document notarized. The *legal* request was refused. I don't smell fraud. Someone could have a statement that they like peanut butter & jelly sandwiches notarized & there's nothing wrong with that -- as long as the person signing is who they are supposed to be by presenting proper ID.

Reply by WDMD on 9/19/07 11:16am
Msg #211943

Re: Plus, they asked if

That was my point Melissa. I do not get what recording the document had to do with notarizing the signature.

Reply by Linda_H/FL on 9/19/07 11:49am
Msg #211951

Re: Plus, they asked if

"He wanted it for his own peace of mind - security. I told him he could witness the renter's signature the same as I could"

Not if he's a party to the Agreement (i.e. Landlord/Tenant).

Reply by MelissaCT on 9/19/07 11:50am
Msg #211953

Todd/OH

Don't take the responses to your situation as anything but a learning experience. Perhaps there were additional details that you neglected to mention, but again, I found nothing out of the ordinary in the request that was made for notarization of a lease. It was a general notary request and only required a notary (not a signing agent).

Reply by Todd/OH on 9/19/07 12:41pm
Msg #211985

Re: Todd/OH

I didn't give every detail because I don't remember every detail. There are some conversations ya wish had been recorded (this is one). Our job is to dig a little, which I did. It didn't sound legit and I got bad feelings from the request.

Reply by WDMD on 9/19/07 1:24pm
Msg #212015

Re: Todd/OH

Todd said: " Our job is to dig a little, which I did. It didn't sound legit and I got bad feelings from the request."

Someone please explain to me how it is a notary's job to "dig a little". If someone requests that their signature be notarized on a rental agreement, what exactly are you looking for other than if the person who signs the document is in fact the one appearing before you. No notary is going to be held accountable for the contents of any document.

Reply by kate_nortca on 9/19/07 4:50pm
Msg #212101

Re: Plus, they asked if

Melissa that is really strange. I would have felt uncomfortable also. How were they when you told them no? Insistent? Sounds like a very awkward situation.

It is interesting some of the situations notaries and signing agents find themselves in sometimes. Earlier this summer an older couple came into my office with a half piece of notebook paper with their 'last wishes' written on it. Wanted to know if they signed it could I notarize it as a will? I said I could attach an All Purpose Acknowledgment but that I had no idea what the legality of their document (for lack of a better word) was. I really wanted to help but what could I say to help them without veering into the dangerous territory of practicing law? Ultimately I simply asked them if they would feel more comfortable speaking to an attorney who did estate planning. They said they would so I called a friend who does that kind of work and they had a free consultation with him.

I've often wondered about that. If I jot down on a piece of scrap paper that I want all my worldly goods to go to my family after my death and have it notarized is that considered a proper will?

Kate

Reply by WDMD on 9/19/07 5:07pm
Msg #212105

Re: Plus, they asked if

kate said: "If I jot down on a piece of scrap paper that I want all my worldly goods to go to my family after my death and have it notarized is that considered a proper will? "

It is starting to appear that some people do not understand what a notarization is. Notarizing your signature on anything does not make it a legal document. A notarization is nothing more than a verification that whoever signed the document was properly identified and appeared before the notary to acknowledge their signature or swear to facts in the document. In Maryland we can also "witness" the signature.

Reply by kate_nortca on 9/19/07 7:48pm
Msg #212142

Re: Plus, they asked if

wdmd:

I presume the 'someone' you are referring to is me. I actually do know what a notarization is. My question if you read the message was not regarding the validity of any notarization I did or did not do. My question was more to whether or not making notes on a slip of paper would be deemed a valid will or not.

I'm sure you did not mean to be as nasty or condascening as you were. After all what would be the point? I will take my estate planning question to a forum geared to issues of that nature.

Thank you ever so much.

Kate

Reply by MelissaCT on 9/20/07 9:55am
Msg #212211

Kate_nortca:

I read the comments made & I took it that some people, meaning the general public, don't understand what a notarization is. I don't think the comment was aimed at you. I've had to explain to people throughout the years what a notarization is & what it does.

As for a handwritten wills, I have no idea how valid they would be & would suggest to someone appearing before me for notarization on such that when the will actually gets called, it would be too late to find out if it is legitimate or not. I would strongly suggest having an attorney draft a will for them. Of course, in CT, notaries are strongly urged against notarizing a will that does not specifically contain a notary block, typically found on attorney-drafted or preprinted, fill in the blanks style wills, such as a handwritten will.

Reply by kate_nortca on 9/20/07 11:28am
Msg #212224

Re: Kate_nortca:

Thanks Melissa:

You make a good point. I may have overreacted. Or maybe not. There has become so much unneccessary attacking on this board it is hard to tell when someone is being nasty or not at times. I appreciate your thoughts and feedback though, thank you.

Kate