Posted by Michelle/AL on 1/2/09 8:54am
Msg #273319
Litigation Involving an Illinois Notary and Others
http://www.morelaw.com/verdicts/case.asp?n=1-06-2750&s=IL&d=38479
If you have a short attention span, this article is not for you. It is looooooooooooong but I found it to be very interesting.
While reading this article I felt as if I were watching a soap opera on television. The cast of characters in this drama include: investors, attorneys, notaries, notary trainers, Kinko's employees, and expert witnesses recognized by the NNA and Notary Law Institute. The article starts off slow but gets interesting later on. In short, a Kinko’s employee attended notary training conducted by his employer. He was later asked to notarize signatures from a real estate closing that occurred the on the previous day. It was later determined that he notarized a signature of someone who did not appear before him. After that… all hell broke loose. He was sued, Kinko’s was sued and others were sued.
Granted all of this took place in the State of Illinois and I’m in Alabama; however, what I found interesting is that although Illinois’ notary laws did not require notaries to: a) keep a journal; b) request two forms of ID; notaries are expected to use good judgment when performing notary acts. What I also found interesting was how the notary trainer was called into question about the content of his training program.
The amount of responsibility we notaries have can be sobering. Carelessness on our part can be costly not just to ourselves but to others as well.
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Reply by Michelle/AL on 1/2/09 10:33am
Msg #273323
So true, Teddog
I re-read my post and noticed that I didn't finish my train of thought. Alabama's Code is a lot like Illinois' used to be - general, vague and leaving a lot up to the notary to figure out. I used to think that this could be in favor should I ever be sued. However, this case being heard in Illinois suggests otherwise. I am in regular contact with Alabama's SOS office by phone and email asking questions primarily because of the general notary work I conduct.
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Reply by Teddog/CO on 1/2/09 10:42am
Msg #273324
Re: So true, Teddog
Very good idea Michelle!! I watch Colorado laws like a hawk. There have been many changes here and Colorado can expect more. I can only suggest that people be careful and check the laws quite frequently. The old saying "An ounce of prevention is better than a pound of cure" If the quote is not exactly correct (word for word) forgive me, but I think you get the idea 
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