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 Re: Claims against a notary
Posted by Art_FL on 5/24/19 11:28am

Couldn't say it better myself!! Oh! I did!

It is critical that you carry Notary E&O. The 4 year premium is less than 1 hour of attorney time.

It goes without saying that you should look at the ID presented & and each person presenting it. You can also ask for other ID if you have a concern.

Maintaining a journal, even if not required, recording names of signers & ID, and any other observations, is a good practice. Claims usually arise many years after the event in question. I suspect that Reverse Mortgages and property transfers probably are involved more that other transactions, along with cases where the notary does not require the presence of a party.

The best practice is to contact your E&O carrier before disclosing any information, presenting your journal for examination, or speaking with anyone about a notarization you did. You really don't know the underlying reasons or objectives, and your response to a simple request could result in becoming involved in litigation as a defendant. You may also jeopardize your insurance coverage by unknowingly violating your obligations under your policy and thereby prejudicing your carrier.

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