Posted by Marian_in_CA on 8/26/10 1:02pm
Msg #350564

Question for Arizons notaries...

I've been contacted by an individual who was apparently scammed out of some money, due in part to a fraudulent notarization. Apparently, the notary did not secure his/her seal, and it was accessible to other individuals at a certain establishment... and it was one of these individuals who used the seal. I don't have too many other details at this point.

Now, I know that some of AZ's rules have just recently changed... but I'm guessing that this all happened before any changes took place.

I told this guy I'd try to point him in the right direction to get some help, as I understand he's having some trouble getting anyone to listen.

In looking at your handbook, I don't see any requirement that the seal be locked up... the only thing I see is that the notary cannot "knowingly" allow anyone to use their seal.

Now, it seems logical to me that if you don't secure it and you leave it in an area where others can use it, you're knowingly allowing it's use. But then... that's just me. And I suppose that would be difficult to prove.... and that would be an argument for a legal representative to make.

This guy is asking me if this is something for which he could file a claim against the notary's bond.

Now, if this were in California... the answer would be yes... but then, CA specifically requires that our seals be locked and in our control at all times. In CA, this notary would be in some seriously hot water.

That said, is anyone in Arizona willing to let me pass on your contact information to him if he has questions? He knows we can't advise him legally, but I think he's looking for information to help him with the notary requirements so that he can make a case, if that makes any sense.

Reply by MistarellaFL on 8/26/10 1:04pm
Msg #350565

Are Arizons notaries related to Amazon notaries?

LOL
J/K Marian. Just giving you the business

Reply by Marian_in_CA on 8/26/10 1:06pm
Msg #350567

LOL!! I shouldn't type after taking my pain meds...

I'm still recovering from my surgery in June, and today is one of those days where everything hurts... till I take the meds.

No driving or appointments today, my friends.

Reply by Shoshana/AZ on 8/26/10 1:11pm
Msg #350568

Sure we are! n/m

Reply by Larry/IL on 8/26/10 1:33pm
Msg #350579

Do you feel lucky?

IMHO, unless it's a family member, I wouldn't say anything or direct this person except to tell them, they should direct their inquiries to an attorney. Another notary I know was just had to go to court to answer a subpoena for a very similar situation. When the individual told their attorney what this notary had said, the attorney ask the court to issue a subpoena to the notary even though the individual did not want the notary called to court.

All you have to do it ask yourself, "do you feel lucky"

Reply by Marian_in_CA on 8/26/10 2:07pm
Msg #350589

Re: Do you feel lucky?

Well, that's why I told him that I can't really answer his questions...

As notaries, we CAN answer questions that are very clearly part of our job. For example, "Does state law require our seals to be locked up?" That's not (usually) a question of opinion... at least, not in California. That's why I asked about AZ.

My goal is to simply send him to somebody who can answer his questions in a way that it doesn't constitute legal advice, or at the very least give him somebody who may be more of an authority or resource than simply telling him to contact the Secretary of State.