Posted by Letty Marquez on 7/22/09 8:32pm
Msg #296964

nightmare


Hi, I want to share my experience of the week.

This week a got a visit from a friend of mine asking me if I would be wailing to notarized the ex-spouse. Sure, I say just let me know when you want me to go and have this person notarized. Pretty simple ah?

Then this person asked me "If my ex doesn't sign, can I sign myself?" What! Are you asking me to do what!

How funny, I never, never in 6 years doing this, though of someone asking me to do something wrong. The notary book (CA) advice of this.

My friends they all know me about how clear I am and they know I will always educate them in aspect they might think is okay.

So, story short I gave my friend a long, long explanation of why I was not doing what I was being ask to do. I showed this person what could happen to me if I ever do such a thing. They thank me and asking for forgiveness.

p.s. Beware, some how long in your career you might have something like this too. Just stay strong to your ethics. What is your story?

Reply by Jim/AL on 7/22/09 9:02pm
Msg #296968

A good friend wanted me to notarize a HELOC for him (docs sent to him to find Notary) but the docs did not include his new wifes name, had to say no or not w/o her signature since I was at the wedding and we live in spousal state and I would not want to loose my commision over it, he understood.

Had another ex employee/friend want me to notarize a bill of sale for his girlfriend whose ex was in Guam and had given her the car but not signed over the title and they wanted/needed to use it for cash at a title pawn shop. They actually expected me to notarize something that they had written up and signed illegally pretending it came from her ex. That was the last time I spoke to either one of them.

Always hated braclets, especially the ones they make you wear behind your back...lol.

Reply by sue_pa on 7/22/09 9:19pm
Msg #296971

as I am SO often, I am confused once again

...A good friend wanted me to notarize a HELOC for him (docs sent to him to find Notary) but the docs did not include his new wifes name, had to say no or not w/o her signature since I was at the wedding and we live in spousal state and I would not want to loose my commision over it, he understood....

YOU made the determination that a spouse was to sign or not sign legal documents? How in the world would you lose your commission by notarizing a document? If the spouse needs to sign, that's up to the lender to determine, not the notary.

Reply by Jim/AL on 7/22/09 9:40pm
Msg #296978

Re: as I am SO often, I am confused once again

Sorry Sue, not the entire story and I cannot expose all of the details. You are correct in what you are stating though, I am not an attorney and may not have had my commission yanked for what part of the story I posted. I stand corrected, thanks.

Reply by sue_pa on 7/23/09 7:18am
Msg #297012

Re: as I am SO often, I am confused once again

When I peaked at your profile, I figured you knew what you were doing (smiley face here).

there are SO many lurkers and new people that read these boards ... some take what they read as face value not knowing there are SO many variables and they must apply so much ... including experience, ... to the daily decisions we must all make while completing our jobs.

Reply by Michelle/AL on 7/22/09 9:20pm
Msg #296973

Letty, you are not alone.

It's happened to me as well.

Reply by Les_CO on 7/22/09 9:21pm
Msg #296974

Letty …you did the right thing! Along with being commissioned as a Notary Public, an officer of the State come some grave responsibilities, with those responsibilities come some liability. You have chosen to accept both. Don’t let us, you fellow notaries down, your integrity reflects on us all! You have my congratulations, and respect! It's often difficult to do the right thing.

Reply by sue_pa on 7/22/09 9:22pm
Msg #296975

I'm not certain a "long, long explanation" was necessary. "Regular" people have no idea what is and what is not acceptable. Most times a simple, " I can't do that, he must sign in front of me" is sufficient. Not everyone in the world is trying to do something wrong.

I've seen A LOT of CA posts where notaries appear paranoid to me where it seems everyone is out to get them or someone else.

Reply by MW/VA on 7/22/09 9:37pm
Msg #296977

And then there is the CA notary who was paid a couple of thousand to notarize title transfer on the sale of a boat. The guy who asked her to do it had murdered the owners. Sometimes there is reason for "due dilligence". CA laws are supposed to be really tough--hence the "paranoia" in some cases.

Reply by Glenn Strickler on 7/22/09 10:58pm
Msg #296989

I give short explanations like "It's against the law." If the person is a real friend, they won't push it any farther. If they keep pushing, then you don't need them as a friend.

I get asked quiet often to do something shady by "notary shoppers". It seems to be increasing ..........

Reply by Letty Marquez on 7/23/09 12:42am
Msg #296998

"It's against the law" is okay but is like a parent saying to the kid "no, because I say so" when you explain to the person the reason and give them examples (here is why I used the word long explanation) you are actually doing two things.

Educating them in something they might not know (not everyone knows notary law) and 2 you are telling them " I am not getting into shady business" I hope I explain myself this time.

thank you all for sharing your stories.

Reply by JanetK_CA on 7/23/09 2:50am
Msg #297006

You're lucky!

If you've been a notary for that long and this is the first time someone has asked you to do something illegal, you've been very fortunate! I can't count how many times I've been asked to backdate, for example. But what you are talking about is pretty glaring fraud! I guess your story proves why there is a need for notaries!

Reply by Stamper_WI on 7/23/09 7:06am
Msg #297008

I had a young man show up at my house looking for a notary. He explained that he was a student in at a college in a nearby town. In his hand was a letter, on university letterhead and signed by a staff member in the foreign exchange dept stating that he was a current student. He explained he was from palestine and was "called up to serve in the palestinian army ". He wanted me to notarize the letter. I explained that I could only notarize if the persons signed the document in front of me and I had been shown legitimate ID. He said he needed a document drawn up but could not tell me what it was. He wanted me to do that too. So I explained why I could not do that either. I told hime to go back to the woman who signed the letter, since it was her job at the university do assist foreign students in matters like these.
Since it took so long to get clear what he wanted, I made a call to the woman and she did not know what I was talking about. She said they had no current Palestinian students. and did not write that letter. I ended up talking to the FBI but since I didn't get the name or even the license plate, not much was done ....that I know of. My daughter did make note of the car he was a passenger in though. Souped up 2009 Mustang.

Reply by MW/VA on 7/23/09 9:56am
Msg #297043

It is an important part of the notary training to know when to say "no can do". We've all been approached with strange or illegal requests, and I'm sure the parties don't always know they're asking for something illegal.

Reply by SharonMN on 7/23/09 10:07am
Msg #297046

When I get a request like this (happens a lot with secretaries wanting me to notarize something their boss already signed), I explain that the point of a notarization is for me to certify that the person appeared in front of me, I identified them, and they signed willingly (and took an oath, if appropriate). A lot of people (including, unfortunately a lot of document drafters) don't understand it isn't the stamp that's required, it's the notarial process. The stamp is merely evidence that the process took place.

Reply by MW/VA on 7/23/09 10:26am
Msg #297056

Exactly--that the common misunderstanding. People think we just stamp it & that makes it official.
We can, of course, notarize a sig on an ack that has already been signed, as long as the signer appears before us & presents proper ID.

Reply by Susan Fischer on 7/23/09 11:48am
Msg #297077

Had one where wife's mother was in an elder-care home,

wife off in Hawaii. Husband taking care of business: get g'ma's house put in wife & husband's name. G'ma's house in another state.

G'ma had no ID. Nothing. Not even a SS card. Nada. So infirm that she couldn't leave wheel chair, couldn't go to dr's office, couldn't go to DMV for state ID. Her 'purse' was lost in one of the moving boxes when they brought g'ma here from her out of state home SIX years prior.

Husband insisted I could just take his word, and the word of the nice lady who had been caring for g'ma. G'ma played solitaire at the table while this discussion took place. Every once in a while, care-giver would pop an M&M into g'ma's mouth. G'ma never said a bleedin' word.

Tried to explain my dilema - no ID, no can do. Turns out, and I can't remember just how I found this out, another notary in the area had been contacted to do this some time previous, - I called her to get the skinny - she reached same conclusion, and didn't notarize either.

Weird.