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Posted by  JanetK_CA on 1/17/20 9:26pm
I know nothing about contract law and would have to consult an attorney if, heaven forbid, I ever found myself in that kind of a situation, but the notary still has accountability to the state, at minimum, for not properly executing their duty as a notary public. I imagine it would be tough to prove negligence for not properly examining the ID, if circumstances were close, but I would think not getting a thumbprint for something involving real property is subject to the following Government Code:
"§ 8214.1. Grounds for refusal, revocation or suspension of commission
(d) Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public.
(e) When adjudicated liable for damages in any suit grounded in fraud, misrepresentation, or for a violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties as a notary public."
And...
"§ 8214.23. Failure to obtain thumbprint; civil penalties; limitations
(a) A notary public who fails to obtain a thumbprint, as required by Section 8206, from a party signing a document shall be subject to a civil penalty not exceeding two thousand five hundred dollars ($2,500). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section.
(b) Not withstanding any other limitation of time described in Section 802 of the Penal Code, or any other provision of law, prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later. "
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