Posted by Charles_Ca on 4/15/10 5:48pm
Msg #331909

Can we say UPL???

I just had clients leave my office. Their father (non-resident alien) gave them a building he owned in California worth about 800k. They went to a Notary Public who gave them a deed (they are not sure which type) had them complete it, then the notary notarized it and took it to the County Recorder for recordation. It recorded in December. I would not want to be that Notary. They took depreciation and costs on it on their taxes and the IRS went HUH. where's our cut? In all probability it will really suck to be that notary!

Reply by MikeC/NY on 4/15/10 5:57pm
Msg #331914

Wait a sec - the notary drew up the deed?? n/m

Reply by Charles_Ca on 4/15/10 6:01pm
Msg #331916

Re: Wait a sec - the notary drew up the deed?? Yup! n/m

Reply by Marian_in_CA on 4/15/10 8:03pm
Msg #331931

Dang. n/m

Reply by Calnotary on 4/15/10 6:25pm
Msg #331920

I don't know if they are from Mexico, but in Mexico people does that all the time, they go to their Notario Publico. But you can't do this in here! So these people never recapture the depreciation they took in earlier years? Wow!! And what kind of service they were looking from you Charles?

Reply by Charles_Ca on 4/15/10 6:50pm
Msg #331923

Mexico, nah, Estados Unidos, ciudad de Nuestra Senora de

Los Angeles, commonly known as LA! the clients are from Taiwan

Reply by Marian_in_CA on 4/15/10 8:01pm
Msg #331930

I was at the bank the other day and I saw a van in the parking lot. On the back window, in HUUUUGE white vinyl letters, it's said "NOTARIO PUBLICO - Servicios de inmigracion" with the lady's phone number underneath it.

My jaw just dropped when I saw that... that's TWO violations in one! First, CA notaries are not allowed to use the "Notario" title, and immigrations consultants are not allowed to advertise that they are a notary.

So I googled her phone number while I sat there and noted her name. She's a local notary and used to be listed here at NotRot before the recent purge. Her name didn't show up on the state bar site... so she's clearly not a lawyer.

I actually wrote her a note on a sticky that I left on her driver window that said she needed to review page 16 of the Notary handbook. I left my name and phone number, too, just in case... maybe she just didn't understand she couldn't do that.

She actually called me later that day and told me to mind my own business. LOL

I politely reminded her that she was a public official clearly violating state law, and therefore it was my business. She then said, "F#$* You," and hung up. HAHAHAH

I sent a quick letter to the SOS about it, but left it at that. I figure it's their responsibility to follow up but it's really sad to know that there are notaries out there who so blatantly violate the law without a care.

Reply by MikeC/NY on 4/16/10 1:28am
Msg #331946

I admire your dedication Marian, but you're just asking for trouble with people like this. Sometimes it's easier to just walk away...

Reply by BrendaTx on 4/16/10 7:17am
Msg #331950

Walk away with a picture of the vehicle, maybe?

And, then send a picture of the bad advertisement to the SoS? Then, see if they really care...

Reply by jba/fl on 4/16/10 8:06am
Msg #331955

Re: Walk away with a picture of the vehicle, maybe?

Less confrontational. Mike is right - My sons told me this for years; I am now deciding to change myself and develop a more safe stance. You just don't know what others will do or what will set them off.

Why - we see it all around us....etc

Reply by Notarysigner on 4/16/10 9:33am
Msg #331964

Personally I think sharing this on the forum is enough. It alerts us to want's happening in our industry and to be on the lookout for similar incidents.

Marian did what she felt comfortable so that's that. I do think she was lucky to get off with a "F$#K you, here there would be bullets flying through the window. Harassment is a very big concern of mine and I would not want to do something that would create a problem for my family members. IMO

Reply by Sylvia_FL on 4/16/10 7:42am
Msg #331951

Marian
Several years ago I did a signing for Service Link, when I got the package (this was in the days of overnight packages), there was one document in it that had already been notarized (it was a title document), the date on the certificate was the date I received the package. Now I know that Fedex/UPS are pretty quick, but no way could they get the package to me the same day from California to Florida. There was something else about the certificate that didn't strike me as right (can't remember what it was now). I called Service Link and they told me not to worry about it. I told them that the notary had predated the notarization, and mentioned the other problem with it. The guy who I was talking to (said he was a supervisor) said if I was uncomfortable with it just to toss that document he had plenty others already notarized!!!. His attitude bugged me, so I told him I could not just toss it, I was going to call the CA SOS. he said if I did that they would never use me again. I said "Fine" - after I hung up I got a call back from a scheduler there who said not to worry, the guy I was talking to didn't do the scheduling, and that I was correct.
I called the CA SOS and also faxed them over the document. They wanted to know what I wanted them to do about it. I said it was up to them to follow their laws, I was just reporting it. So, the outcome was that they were just going to contact the notary and give her a warning.
So, sometimes it doesn't do any good to report these notaries for not following the law.

Reply by Cari on 4/16/10 12:03pm
Msg #331998

geez Marian, hope you don't find a dead fish in ur mailbox! n/m

Reply by Marian_in_CA on 4/16/10 12:31pm
Msg #332003

You guys are funny!

I'm not worried about her. I know who she is, and so several others around here. This person actually already has a bit of a reputation, and I've been called in twice at the last minute because she never showed up to an appointment. In fact, this was the same individual who told a signing service that the borrwoer had to wait for her to show up because she was too busy with some community organization meeting and that the time the borrower was given was "like the cable company...I could show up a few hours before or after." Yeah... not kidding on that one.

I was just surprised to see her phone number advertised like that, though. Like I said, when I googled her #, I knew who she was.

I think she was acting rude as a defense because she got caught... not because she was being threatening.

I don't pretend to be the "notary police" or anything, but I'm never afraid to speak up when somebody in our profession makes us look bad.

Reply by JanetK_CA on 4/16/10 3:08pm
Msg #332020

Re: You guys are funny!

You would think that the SOS would have some procedure for pulling someone's commission, at the very least. After all, our handbook has all these supposed penalties for doing, or failing to do, this or that. If there is no authority that will act on infractions, it's no wonder that we see so much disregard for notary law! What a shame!!

Reply by Notarysigner on 4/15/10 6:26pm
Msg #331921

Charles, if you know, how was title held before? I mean was the previous deed blank or something? No preliminary change of title form?.... I know, a fantasy deed.

Reply by Charles_Ca on 4/15/10 6:59pm
Msg #331926

Re: Can we say UPL??? Nope, no prelim, no title search, no

title insurance, just a recorded deed and they aren't even sure of what kind of deed. They came to me to help them figure out how to claim it on their taxes, I referred them to my favorite tax attorney, frankly I have no idea how to resolve this without going to court. In California according to the Government Code ss27300(a) an "Official Record" means the permanent archival record of all instruments, papers and notices as accepted for recording by the county recorder. You can record just about anything but hey are unable to remove any recorded documents from the Official Records and of course the record can't be modified except by additional recording. I believe this mess will have to be ironed out in court.

Reply by Notarysigner on 4/15/10 9:59pm
Msg #331938

Re: Dang........... thanks for sharing... n/m

Reply by Cari on 4/16/10 12:01pm
Msg #331997

maybe the Notary was an attorney as well...did u find out? n/m

Reply by Sylvia_FL on 4/16/10 12:15pm
Msg #332002

Re: maybe the Notary was an attorney as well...did u find out?

Marion said she is not listed as an attorney on the state bar site. I believe Marion checked her out before posting

Reply by Charles_Ca on 4/16/10 2:42pm
Msg #332017

In my case the notary was a notary public only...

notice I did not say" just a notary", man, I hate that expression!