Posted by DD/OR on 6/2/10 2:25pm
Msg #339464

Remember Lend America?

I notarized loans for 2 borrowers for Lend America last year. Too late we all found out Lend America was fraudulent. Question: Are Notaries liable for anything in this instance? The reason I ask is that a lawyer has contacted me on behalf of one of the borrowers. I'm not surprised because I remember at the time, the borrower sounded like it was sort of my fault. He said if I hadn't come over, there would have been no problems. Does anyone think Notaries are responsible for what happened to borrowers that were taken to the cleaners by Lend America? Personally, I don't think so. Opinions, please! TIA.

Reply by Lee/AR on 6/2/10 4:42pm
Msg #339473

I don't think you have anything to worry about... you notarized their 'willing' signatures.
But, anybody can sue someone for anything. Whether it sticks or not is up to the judge.
Again...don't lose sleep over this.

Reply by DD/OR on 6/2/10 5:13pm
Msg #339482

You're right. The attorney just wanted to know any information I might have, such as who hired me. The attorney for the borrower is hoping to get some money back that is due to borrower. He was also hoping to get my fee paid to me, but I told him I trashed all documents so I have nothing to prove they owe me. By the way, it was Principal Settlement Services that was working with Lend America. SO, BEWARE. They're on SC and they changed their name.

Reply by jba/fl on 6/2/10 5:55pm
Msg #339486

Dixie - I don't understand why you would trash your evidence of non payment.

Reply by DD/OR on 6/2/10 9:31pm
Msg #339525

I trashed it because Lend America went under and there was no way I or other notaries would get paid. I kept it for several months though but couldn't collect.

Reply by MW/VA on 6/2/10 4:44pm
Msg #339474

In my personal opinion (not legal advice) the notary is not liable. We are bound by law to be an impartial 3rd party--we don't represent the lender or the borrower. We are not a party to the transaction in any way. You didn't knowingly participate in fraud. I think I'd contact an attorney to get some legal advice on the matter.

Reply by C. Rivera Chicago Notary Services on 6/2/10 4:50pm
Msg #339476

what does your e~n~o say? and I would also check with

an attorney as well. you always want to cya...

Reply by desktopfull on 6/2/10 5:29pm
Msg #339484

Not at all, unless you twisted their arm to sign. n/m