Posted by natogan on 7/12/08 3:28am
Msg #254972

Forgery

A week ago I received a call from a title company about a signing which I performed in 2007, that Deed of Trust was rejected because my seal was not sufficient. My immediate question was, "Why you did not contact me by the time the document was rejected"? The explanation was not clear to me, and the person consistently was asking me to send my loose certificate attaching to the Deed of Trust. I asked to send me the original document where I can see my notarization. First, they sent me a package of 19 pages . I printed out and made a copy for the borrower. When I called to the client to set up an appointment, borrower told me that she does not know anything about this signing.
After another week they called me and asked again to send them a loose certificate to the Deed of Trust. Today I received a scanned Deed of Trust and what I've seen that the certificate was not filled out by me, it is very clear not my handwriting, my signature is counterfeited, and the seal was copied, I believe from the other notarization. I might not mention the name of the title company till the situation is clear. It is a pure forgery! Your opinion would be greatly appreciated.

Reply by Lee/AR on 7/12/08 6:49am
Msg #254973

No answers--just more questions. 19 pages--of what? It's not clear to me whether or not the B signed these 19 pages of ??? Then, a week later, they send you a forged DOT...forged from the 19 page whatever of a week earlier?? Think I'd first try checking at the RoD/courthouse to see what, if anything, got recorded & when. Only thing I am certain about is that no loose certs would be provided. Somebody screwed up and it wasn't you.

Reply by natogan on 7/12/08 9:01pm
Msg #255020

Sorry, Lee for the late response! 19 pages of Deed of Trust. Then when the borrower, I believe, refused to have a signing, they asked me to fix ( counterfeited) certificate which was e-mailed to me.

Reply by Ernest__CT on 7/12/08 9:32am
Msg #254976

Somebody is being scammed. Maybe you. n/m

Reply by Gary_CA on 7/12/08 10:33am
Msg #254978

If the TC is legit they'll want authorities involved.

I would play this right by the book and document everything. In CA our handbook/law reserves special nasties for forging DOT's above and beyond forging other docs.

And if you haven't noticed the whole world is on a mortgage witch hunt this week.

I'd put together everything they've sent, notes about their calls as best you can, copies of your journal, go get the docs from the county recorder. Then I'd call the folks that regulate notaries (Secty of State) and Title Companies (in CA Dept of Insurance).

I wouldn't monkey with this and I wouldn't play nice.

Your probably going to find someone thought they were getting the job done and it's a minor something that didn't hurt borrower or bank and they needed who-knows-what so it would record. That's never right, but in today's environment it's particularly stupid. When the borrower defaults for reasons totally unrelated to the signing and the monkeying, everyone's going to be looking for a goat. If your stamp was forged, you knew it and you didn't act, you're the goat.

Take a glance at your journal, you might be turning it over for evidence. (For instance, I'd never leave a signing without noting all the acts, but I may forget to fill in the fees... stuff like that, you journal has to be clean... everything on the page of that signing, at the very least ;-) )

Good luck.

Reply by natogan on 7/12/08 12:00pm
Msg #254983

Re: If the TC is legit they'll want authorities involved.

Thank all of you for your reply! I will inform you every step I made. Now, I've sent them e-mail that I need them to send me the original Deed of Trust by mail. I am very frustrated and who ever filled out a loose certificate need to practice he/she handwriting and the seal was placed on a wrong spot.

Reply by NCLisa on 7/12/08 1:02pm
Msg #254986

Have you even looked in your journal to see if

you actually ever met with this borrower?

Reply by natogan on 7/12/08 8:43pm
Msg #255016

Re: Have you even looked in your journal to see if

Lisa, I had met the borrower as of August 10, 2007. I remember her (the borrower) and her comments about neatness of my certificates. She mentioned that she is a lawyer.
As of June 19, 2008 I received a call from the company, that Deed of Trust was rejected. I explained everything in my previous message, so I am not going to repeat over again.
I went through the record of my journal and the order the company sent, everything looks professional. I would like to appreciate everyone who is giving me your support.

Reply by NCLisa on 7/12/08 11:47pm
Msg #255025

Re: Have you even looked in your journal to see if

The reason I asked, was that your original message does not make it clear if you really did the initial closing, or if your sig & stamp were forged to begin with. When you said she didn't know about the signing, I wasn't sure if you were talking about the re-execution of the DT or the original signing.

Big TC's tend to have minimal staff dealing with rejections. It takes several weeks for the ROD's office to send the docs back to the TC, and then it sits in an inbox for awhile. And the slowly go through the stacks. Try to get ahold of the NSA's, deal with wrong & disconnected numbers, etc. It's a slow process. But when things slow down in the mtg market, more people help out, and things start getting caught up. One of the big TC's I work with is up to rejections from Sept. 2007 right now as they misplaced the special NC POA ack that must be used when signing with a POA. I'm still do not understand how these TC's can disburse funds prior to recording, but they do.

I'd keep what they sent you proving that someone attempted to forge your name/seal. But I'd do what needs to be done to get the mortgage executed and properly recorded.

Reply by natogan on 7/13/08 7:57pm
Msg #255088

Re: Have you even looked in your journal to see if

Sorry, Lisa for not being clear enough, I wrote my message at 2:00 am. You may imagine what I felt when I opened a scanned Deed of Trust with my name on, but not my handwriting, and seal was placed not next to the signature (counterfeited), but below the line touching the printed area. No doubt that this certificate was rejected!
The client did not know about the signing as of June 19, 2008, not 08/10/2007. I believe, the company tried to fix their counterfeited notary certificate without a signer. Let's see if they'll send me original certificate. Thank you for your support.

Reply by Linda_H/FL on 7/13/08 11:26am
Msg #255052

My .02 FWIW

People who are owed money, and invoices that run way overdue, start screaming about going to the SOS, AG, etc., etc...to collect their unpaid invoices. If ANYTHING screamed out to be turned over to the SOS and the AG, this does - and immediately. If you have the proof, which you've alluded you do, that your seal and signature were forged, then this should be turned over immediately for investigation and prosecution of all involved...

And by all means, you need to name this company publicly - why protect them ... if it is truly forgery, they certainly aren't protecting YOU...

Again, my .02...FWIW...and MHO

Reply by natogan on 7/13/08 8:06pm
Msg #255089

Re: My .02 FWIW

I agree Linda with you! I will definitely release what company is involved, but after I have original document which they supposed send me by mail. They paid me for the signing with no problem, in two weeks, after it was performed. Something else is going on!