Posted by NJDiva on 5/12/11 2:36pm
Msg #383021

How many notaries have been taken to court?

I'm curious how many notaries on this site have been taken to court? If you have, would you be willing to share what prompted it? Thanks...

Reply by Lee/AR on 5/12/11 3:01pm
Msg #383022

Not me, but

I will share one horror story told to me by the Bank Notary who notarized my signature on my first Notary Application more years ago than I care to count and then told me the following:

Never trust anyone. Seems an older lady who she knew by long-time bank customer/sight/name/signature/voice/neighbor/fellow church member called and asked this Notary if she would please, please, please notarize her signature on a document that her daughter would be bringing to the bank within 1/2 hour as the signer was not feeling well and this needed to get done today. Notary complied....and later was sued by same old lady for notarizing "not-her-signature". She did not go into all the gory details but told me that she very nearly lost her home over this.

A 2nd near-horror story of which I have firsthand knowledge: My mother was purchasing some property and closed out a CD to do so. Taking the certified funds to her attorney, she mentioned that she thought it odd that the teller at the bank did not want to see her ID when notarizing something related to this withdrawal. Her attorney said (near quote) "Do you reallly need this money right now? Because if you don't, we'll sue the pants off that Bank."
Well, she did so they didn't sue.

These stories have served me well for a very long time.

Reply by FlaNotary2 on 5/12/11 3:19pm
Msg #383024

Thank heavens I have not yet been called into court, but if

I ever am, I'm completely prepared... armed with my trusty journal that proves that the person appeared before me on a certain date and time, presented certain ID, and took an oath/gave an acknowledgment.

That said, I have done expert witness affidavits against OTHER notaries, but that is a different story.

Reply by A S Johnson on 5/12/11 4:07pm
Msg #383032

Probate. 2 and 1/2 days waiting to be call to testify The signer, now departed, was "sane" and able to understand what she was signing. Age 96. Last of her genration with control of a sizable amount not in trust or businesses. You can talk about a greedy bunch and no love lost between them.
All for $6.
Of course the adult "kids and grandkids" were fighting they were not left what each thought was thier's.
By the way my wife had been appointed by the lady and her passed husband to administer the will. They knew what was going to happen. And her fees did make up for my time.
In Texas a will does not need to notarize but can be. Two witnesses are neded and required.
PS I really don't do wills, I'll let an att'y who knows what he is doing do them.

Reply by Jack/AL on 5/12/11 4:38pm
Msg #383034

Your Hughness, we're waiting for your horror stories. n/m

Reply by HisHughness on 5/12/11 9:13pm
Msg #383055

Re: Your Hughness, we're waiting for your horror stories.

My courtroom horror stories all seem to emanate from divorce court. I seem to handle my notarial affairs with far more competence than I do my marital affairs. Ummmm....maybe "marital affairs" isn't exactly the phrase I was looking for there, especially with respect to divorce court, but surely you get the idea.

Reply by Larry Adams on 5/13/11 12:05am
Msg #383061

California doesn't allow wills to be notarized, but I had a problem notarization last year. Went out of the office to do the forms for an elderly woman to settle her husband's estate; he had died two years prior, and she was in an Alzheimer's facility. She was still mentally competent, but was fading. Her niece was being given a power of attorney to handle the estate, but the woman had to sign some of the forms. We did all the paperwork, and I thought we were finished. SIX MONTHS later, I got a call from the title company in Kansas, where her house was being sold. Kansas law apparently requires, as I recall, a notary AND two witnesses on the quit claim deed, so some of the forms had to be redone. Trouble is, the woman is no longer competent, so the niece had to get a statement from the doctor and a couple of nurses that she had been competent at the time the forms were done. And I had to notarize a couple of additional forms... Haven't heard anything further, so far.

Reply by Victoria_NJ on 5/13/11 10:55am
Msg #383091

Thrown in with the kitchen sink

Did a standard refi closing. 2 loans to be paid off on HUD. Borrowers got into arguement with each other about needing to pay off a county low-interest improvement grant/loan. Told them I'd leave the room so they could discuss b/c the new lender was requesting all loans to be paid and the county would not subordinate the 2nd loan to the new lender.

15 minutes later they came back and told me they'd sign. TWO YEARS LATER, I get notice of being sued b/c the borrowers decided that they didn't want the county loan paid off. Had to use my E&O on the case, which, btw, was later dropped.

They named every person imaginable in the law suit, from notary to LO to TA to lender.

VERY frustrating since they really had no viable case, but they found some greedy lawyer who took the case with no hopes of winning.

Reply by Les_CO on 5/12/11 8:06pm
Msg #383047

Scenario: Man sells an employee a well used pickup. I notarize Title (back when it was necessary) and bill of sale stating conditions. (Employee was supposed to pay some down [he did] and then make weekly payments) Employee quits (actually just doesn’t show up) never changes the title, gets plates, or insurance. A couple of weeks later runs into a guy and virtually totals both vehicles. Driver of the others car insurance company sued the original owner, stating that the guy that bought the pickup, was still an employee and was working for the original owner, driving his vehicle while on the job, and he was therefore labial for all damages. The judge asked me if the guy(s) signed the document (bill of sale) I said yes, if money changed hands, I said yes, if the original owner signed over the title to the guy, I said yes. The ex-employee then admitted that he and quit the job, but had made the second payment, but didn’t have money for sales tax, or to transfer the title, or to buy insurance. The judge decided against the insurance company, and the second owner. Said ownership had indeed transferred even though the final payment had not been made, and the original owner was not liable.

Reply by Ronnie_WA on 5/12/11 9:02pm
Msg #383052

Yes, in probate court, bankruptcy and foreclosure suits. Do your job well and you have nothing to worry about - just the time loss.

Reply by Susan Fischer on 5/13/11 12:48am
Msg #383064

And too, Ronnie WA, testifying isn't a loss of time when it

confirms in a court of law the validity of the Notarial Act, and so settles that issue.

On the other hand, if the Notary Public skrewed up? Excellent! Exposed and suffering consequences.

Court is where the Pulbic finds legal redress because we are a Country of Laws, and I believe it is a duty as a citizen to participate in our Judicial Process. Jurors are US. I take pride in the opportunity to listen without prejudice to the Prosecution and the Defense, and be a Voice in the evaluation and consideration of the facts presented and evidence/not presented at trial.

Just my humble opinion about "time loss." I see it rather as a glad duty to Society.

Reply by Ireneky on 5/13/11 9:31am
Msg #383083

Lender said they were going to sue me

Serveral years ago got a call about a closing I did. This was over a year after the closing. Stated I notarized a mortgage that was for the wrong person. Turns out it was the son of the property owner. I knew right away who they were speaking of. I had a bad feeling the whole time I was there.
But thank God for journals, as it turned out, the son was a Jr. I faxed over the info and never heard back. Notary law = name has to be more then saved me.
Here in KY a journal is not required, but I would never do a notarization without it.

Reply by FlaNotary2 on 5/13/11 10:08am
Msg #383088

The Jr/Sr issue is a major one that I hope will be fixed

with the Real ID act.

My step-brother is a Jr... it is on his birth certificate but NOT on his driver license. This means that he and my stepfather have the exact same name on their licenses. THIS, IMO, is a big problem.

The thing is, the "Jr" is part of my step-brother's legal name. It is on his birth certificate. Yet it is not on his D/L. Hopefully, the next time he renews his license they will put the Jr on there, but these problems need to be fixed. Not just for notarization purposes but also for alcohol/tobacco purchases, etc.

Reply by Ronnie_WA on 5/13/11 8:47pm
Msg #383157

Re: And too, Ronnie WA, testifying isn't a loss of time when it

Wow, Sue. I'd hate to be your kids or spouse!

Reply by Susan Fischer on 5/13/11 11:24pm
Msg #383166

Oh my, Ron. My only answer to that is, your wish is my

command.

Reply by C. Rivera Chicago Notary Services on 5/13/11 11:49am
Msg #383109

not sued, but subpoena'd, yeah...Estate court...

not a biggie....you get asked questions about the decedent, might have to bring journal for judge to see, or have a copy at the ready, but never been asked for that, yet.

why do you ask NJDIVA?

Reply by NJDiva on 5/13/11 6:50pm
Msg #383151

not sued, but subpoena'd, yeah...Estate court...

I only ask because I hear so much about us Notaries being taken court. I was wondering how often it happens.

Thanks for sharing your experience.