Posted by BrendaTx on 5/2/08 11:30am
Msg #245920

Nope...NOT INTERESTED.

This morning I answered my phone and a young man said that his mom was giving him a piece of property...could I notarize the documents on Sunday?

Sure...we set a time.

If he'd have left it right there I would have done it for him, but then he said...she's getting a divorce and we don't want it to go through the courts.

Divorce?

More words tumbled out of Mr. Smarty...

"They own it but...

"And now...she's going to give it to me rather than....

" 'He' doesn't need to know....

"Court doesn't need to get involved...

Experience and age counts for something. You finally realize when you're about to get neck deep in a mess...so I said....

Call someone else. I don't want to wind up in court on my own time discussing how you or your mom told me any of this. And, I don't want to explain why I'd participate in such thing...whether it's lawful or not for me to, I don't want to know anything about fraud.

Next time you call a notary...just tell them you need a document notarized...don't tell them why, what for, how come...who you are going to screw out of what to keep them from screwing you...

Period. Leave it at that.

Reply by MichiganAl on 5/2/08 11:46am
Msg #245927

Me neither

Must be a full moon today. I got a call today that went like this:

"I need something notarized for me and my girlfriend. How much do you charge?"

$XX

"Ok, but she's not available. I'll give you an extra $50 if you let me sign for her."

Ooh, it's tempting. I could really use the extra $50. Come on, make it $75 and I'll risk jail for you Mr. Total Stranger. What could possible go wrong?

Reply by jba/fl on 5/2/08 1:30pm
Msg #245954

Re: Me neither

CURRENT MOON: Waning crescent, 11% full

http://www.calculatorcat.com/moon_phases/moon_phases.phtml
can tell you more than you want to know

Reply by Linda_H/FL on 5/2/08 11:49am
Msg #245929

Anyone ever wonder at times when these calls come in

where you're left sitting there shaking your head, that maybe we're being tested? Flush out the unethical notary who'll do the job for the extra $50 or who'll keep their mouth shut about the husband getting cheated out of the property? I had a call last year from a guy with a set of loan docs he claims got there a day late and he wanted me to notarize them for the previous day - told him "nope..can't help you - that's illegal" - he tells me he knows it's illegal because his wife is a notary and he thought I'd help out a fellow notary!!!...

I love my job..

Reply by BrendaTx on 5/2/08 1:49pm
Msg #245956

Re: Nope...NOT INTERESTED - discussion fodder

Someone PM'd me and said I should not have said all that I did...about not telling the notary next time why he was doing what he needed their assistance with. Not an attack...just a counter point. **Brenda, why even tell the guy about the "next time" he calls a notary. I think I would have ended the conversation at "...I don't want to know anything about fraud" and left it at that. I hate seeing anybody cheated. I can tell you feel the same. The guy will find another notary to do the deed, but it may have made it more difficult for him had you not offered the info about "next time."**


Here's my response...

Notaries don't need to be made aware of WHY they are being asked to notarize something ever. They need to follow their rules and do their job with ID and so forth. Dishonest people will always find someone to do the job with and/or without telling the notary the story.

At least by NOT telling the notary the story an inexperienced notary who doesn't understand that they are being given knowledge of the problem of the signer will not be "knowingly" sucked into the fray. Some notaries don't know that what the guy proposed was FRAUD. I happen to understand it probably because I am a legal secretary and know that an ethical lawyer would never do that.

IMHO notaries need to get out of the "why" of what they are doing and stick to their rules and their certificates. As NSAs we get into a habit of "knowing" who is creating the documents, who is involved in the documents, etc. so then we like to be in on the "know" in general notarizatrions. In general notary work, we only need to know ID and correct notarial procedures.

Reply by Linda_H/FL on 5/2/08 2:28pm
Msg #245961

Brenda, I guess my question here now is..

NOW that you know that a fraud IS being contemplated...what do you do? You are aware that something illegal is going to be done....what do you do? - besides wish you never answered your phone this morning...

Reply by BrendaTx on 5/2/08 3:10pm
Msg #245966

Re: Brenda, I guess my question here now is..

Good point, Linda. Because it is allegedly property involved in a divorce...if I called the police they'd say: "This is a civil matter..."

So whaddya gonna do?

Besides...I don't have a name. Never did get one.

Good discussion point.

I have a couple more remarks but have something I need to do quickly....will be thinking about it.

Reply by jag/wa on 5/2/08 9:50pm
Msg #246019

I agree with PM

You handed this guy the bullet and the gun on how to get it done.
You do not have a clue on the properties vestment.
You took away the next notary's clue that these people were trying to commit FRAUD.

Reply by JK/TX on 5/3/08 12:03am
Msg #246031

Re: I agree with PM....I DON'T

Son may not have ever considered what he is doing is fraud, if in fact it is. Some people think they are just outwitting their enemy. Maybe now he will not try to find a notary at all out of fear of fraud.

But in what little we know, if Mr and Mrs own the property and only Mrs deeds out, Mr still retains his interest,,,,, can't keep it out of court.....son will be there front and center. And (maybe) the notary too, if the notary was aware of the so called facts.... but at least the grantee (son) has a bug in his ear that what he is doing may have legal consequences.

And we still do not know if this is separate property.... whole different ballgame.

Reply by JK/TX on 5/2/08 7:33pm
Msg #245990

"They" own it but...

And now..."she's" going to give it ...
___________
Wonder who's going to get the master bedroom...(step?)son or (step?)father ?


LOL

Reply by A-1 Signing Agents, LLC on 5/3/08 12:38am
Msg #246040

If it was only in the wife's name and she had it prior to their marriage, it would have been legal. (so I think) However, if she got it while they were married but only in her name, I "think" he would still have claim over it. All that stuff has so much if's and's and but's to it. Joint asset's etc. Unless they have something written that he could have no claim, he could certainly dispute it notarized or not. If I read the post right that is.