Posted by Marian_in_CA on 7/16/10 10:14pm Msg #345317
INteresting POtential Notary Fraud
See: http://4closurefraud.org/2010/07/16/cheryl-samons-notary-fraud-full-deposition-of-david-j-sterns-notary-shannon-smith
This is a blog and there are some interesting mistakes (indecent instead of incident), but it's an interesting read.
I cringed every time I read "notary commission" referred to as "notary stamp". UGH.
Here's a question for Florida notaries... are you allowed to change your signature after receiving your commission? In California, we can't do that -- we're required to notarize exactly as the signature we put on our application. We can't just decide to change it one day and use initials instead. That's a big no-no.
In reading the deposition, that notary comes off as a real ditz to me.
| Reply by Michelle/AL on 7/16/10 10:28pm Msg #345319
My head is spinning after reading that. Who's on 1st base?
n/m
| Reply by Marian_in_CA on 7/16/10 10:31pm Msg #345320
Re: My head is spinning after reading that. Who's on 1st base?
It is a little hard to follow... but it's mostly this Notary in Florida who basically doesn't understand her duties... and she openly admits that she let somebody else fill on the dates of her notarial certs for her.
| Reply by Stamper_WI on 7/16/10 11:01pm Msg #345323
Instructions on how to fool a notary
http://www.schneier.com/blog/archives/2006/11/notary_fraud.html
The comments are interesting too. Espcially the one about getting yourself a stamp of your own
| Reply by Marian_in_CA on 7/16/10 11:17pm Msg #345326
Re: Instructions on how to fool a notary
I've read that before...it's a nice concept, and I'm sure some inattentive notaries would probably fall for it. It wouldn't fly with me, for sure. I'm too anal retentive about double checking everything.
And... I keep that ID Checking guide with me and I always pull it out for everything other than CA IDs. The comments I get are pretty funny when I do that. The other day a lawyer from out of state said, "Dang, you're hard core!" (Only, he didn't say, "Dang.")
| Reply by jba/fl on 7/17/10 12:11am Msg #345329
Re: Instructions on how to fool a notary: showmanship!
"Many important legal documents require notarization in addition to a signature, primarily as a security device."
Ah, that's where you are wrong. Notarization's actual function is as a signal to the signer that this is an Important Document. It is theater, not security.
Posted by: Anonymous at November 29, 2006 10:18 AM
| Reply by Susan Fischer on 7/17/10 2:41am Msg #345333
"It is theater, not security." Hmmph. Just the opposite.
While there is much theater in law, the Rule of Law, the State's Rights, the Comety of our United States, all under our Constitution, the fact remains that Security is only as good as its understanding and enforcement.
A basic American Value, and only one of many.
The Notary Public is a trusted and venerable part of the basis, and legal process of so many kinds of contracts, statements, verifications, etc. Its value and purposes established long ago.
Thanks for that, Jules. Anonymous schmonymous.
| Reply by C. Rivera Chicago Notary Services on 7/17/10 7:13am Msg #345341
Marian, its the same here in IL....can't change your signature...no no...
| Reply by PAW on 7/17/10 7:21am Msg #345342
Q: Can a notary change their sig after receiving commission?
A: Not arbitrarily. See below:
FS §117.05(3)(a) - Every notary public shall print, type, or stamp below his or her signature on a paper document his or her name exactly as commissioned.
FS §117.05(4)(g) - The notary’s official signature. [Official signature is defined as that signature that was provided as a specimen when the notary submitted their application to the Secretary of State.]
FS §117.05(9) Any notary public who lawfully changes his or her name shall, within 60 days after such change, request an amended commission from the Secretary of State and shall send $25, his or her current commission, and a notice of change form, obtained from the Secretary of State, which shall include the new name and contain a specimen of his or her official signature.
| Reply by Sandra Clark on 7/17/10 11:50am Msg #345369
Re: Q: Can a notary change their sig after receiving commission?
In Virginia we must use the name as printed on our commission.
| Reply by Marian_in_CA on 7/17/10 12:13pm Msg #345372
Re: Q: Can a notary change their sig after receiving commission?
Thanks, Paul...
Yeah, that notary didn't have a clue what she was doing. So sad. I can see why FL notaries complain so much. I mean, California has plenty of bozos, too, but at least we try to screen them a little bit better than Florida does right now.
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