Posted by Vince/KS on 6/24/10 2:41pm
Msg #342354

Two party closure - different locations - but new twist.

I just had a call from a company that wantred me to simply ask the borrower here in Kansas to sign all documents, but to not Notarize anything. According to the company, the notary in Florida will notarize BOTH the Kansas borrower and the Florida borrower. The more we talked, the more I decided to refuse the assignment (while I would doing as stated ("just be acting as a courier"), this just smelled wrong". Just really wrong.

Reply by Notarysigner on 6/24/10 2:43pm
Msg #342355

Funky!

Reply by Marian_in_CA on 6/24/10 2:45pm
Msg #342356

I probably would have been laughing too hard to say no n/m

Reply by Linda_H/FL on 6/24/10 2:46pm
Msg #342357

Wow....

Another one gonna have their in-house notary notarize everything when it gets back there? If not, wonder if the FL notary has been apprised of this...scary to think they have this all set up and worked out with compliance on the FL side....

Reply by LKT/CA on 6/24/10 3:01pm
Msg #342359

When you told them a person having their signature notarized needs to be in the presence of the Notary and properly ID'd and that their request was against the notarial laws FL and ever other state - punishable by fines, revoking the commission, and possible imprisonment - what was their response?

Reply by Vince/KS on 6/24/10 4:42pm
Msg #342385

Response: "...You'll just be acting as a courier - not a notary - what's the problem with that?" Then "...But, if anyone is doing wrong it is the Florida Notary - not you."

Reply by Sylvia_FL on 6/24/10 4:49pm
Msg #342388

Gee and they didn't think you would be a party to the wrong?
Not to mention that they are breaking the law as well, and would also be liable.

gotta love these companies!!!

Reply by Linda_H/FL on 6/24/10 5:29pm
Msg #342395

I'd report the company to the FL SOS and the FL

AG....keep a mental note of the address...track the recording...get the name of that FL notary and report him/her too

MHO

Reply by Sylvia_FL on 6/24/10 5:39pm
Msg #342400

Re: I'd report the company to the FL SOS and the FL

Linda
this was a few years ago. I went to the recorders office and let them know, even showed them my journal where I had been the one to notarize the two borrowers signature.
They were very interested, but said without a police report they couldn't do anything.
I went to the police dept and they said they couldn't do anything as the fraud hadn't happened in Florida. I would have to file a complaint in the state where the fraud occurred.

Reply by Linda_H/FL on 6/24/10 5:49pm
Msg #342401

If the FL notary signs a certificate for ALL signers

Even Vince's?? (hypothetical that he takes the signing)

Reply by Linda_H/FL on 6/24/10 5:50pm
Msg #342402

Woops....

If the FL notary signs that cert as to all signers....the fraud HAS occurred in FL..and I'm dragging the company in for even ASKING the notary to do it..

MHO

Reply by Sylvia_FL on 6/24/10 6:29pm
Msg #342411

Re: Woops....

Ah - I thought you were responding to my post regarding the split signing I had.

Reply by Linda_H/FL on 6/24/10 7:06pm
Msg #342418

Sorry Sylvia!! Should have been clearer..:) n/m

Reply by Moneyman/TX on 6/24/10 5:35pm
Msg #342397

They know "someone" will be "doing wrong" and they asked you to participate in it by telling you that it wouldn't be you? How dumb are the notaries that this company usually deals with for them to think it is no big deal?

You should, at the very least, rate them (IMO 1 star) in SC so that others that may actually think this is OK will actually know that it is not. We all know that there are some out there that would think nothing of it

Good for you, Vince, for not wanting to be a part of that mess.

Reply by JanetK_CA on 6/24/10 3:01pm
Msg #342360

I think I would have a few words for them about that tactic. Not only does it "smell wrong", it clearly is "Just really wrong" - unless the guy was planning a trip to Florida!

Good for you for not being an "enabler"!

Reply by MW/VA on 6/24/10 3:55pm
Msg #342375

I'd be curious to know just how many times it is handled exactly that way. Too many people in the industry as a whole that don't have a clue.

Reply by Sylvia_FL on 6/24/10 4:24pm
Msg #342383

I had a split signing one time where I had to notarize the signatures of two borrowers, there was a third on in PA, and the notary there had followed the rules, crossed through the names of the two people who were here in Florida.
I did the signing for the two who were in Florida and attached a loose certificate.

I later checked online and my certificate had been removed and the two borrowers I had completed the signing for were added back on to the PA notary's certificate.

I did call the PA notary and let her know, she said she wasn't concerned as she knows she only did the signing for the one person. (in further conversation with her I discovered she doesn't keep a journal, so she may have had a problem proving she only notarized the one person's signature)

Reply by JanetK_CA on 6/24/10 5:25pm
Msg #342393

another great reason for keeping a journal! n/m