for an elder who is in hospice with little time left. Her brother hires a notary to come in and notarize a vehicle title transfer, conveying title of her luxury car to his daughter.
The son is livid. Mother's brother is not in the family trust. He actually circumvented the provisions of the trust by coming by when no one else was there to have notary notarize dying woman's signature on this document while under the influence of pain medicine. His mother passed two days later.
The son asks me where in the law does it state that a person whose signature is being notarized must be coherent and understand what that person is signing. I directed him to the SOS website, where he could find the notary public handbook and search the PDF for "COERCION". (I looked it up this morning and it is on page 38, Subsection 8335).
He then asked what kind of action can be taken against that notary for agreeing to do a notarization for someone who doesn't even know what day it is, and clearly has disregarded her duties as a disinterested third party who is present to verify the cognizance and awareness of the person who is signing. I told him he can locate this in the handbook also.
Well, I wouldn't want to be that notary. The vehicle is worth considerable money and the uncle is going to be in the hot seat. He clearly disregarde the provisions of the deceased woman's family trust.
I felt compelled to post this and this is certainly a situation that unaware notaries might find themselves in, unfortunately. Especially new notaries who may forgotten everything that was on the exam several months ago. |
| Messages in this Thread |
 |  Trouble in paradise, notary notarizes a vehicle transfer -  Cheryl Elliott on 2/11/21 7:26am |
|  Subsection 8225. n/m - Cheryl Elliott on 2/11/21 7:33am |
|  Re: Subsection 8225. - Matt Miller on 2/11/21 9:06am |
|  Re: Subsection 8225. (please see Msg #629425) n/m - NVLSlady/VA on 2/11/21 6:09pm |
| Re: Trouble in paradise, notary notarizes a vehicle transfer - Luckydog on 2/11/21 7:50am |
| Re: Trouble in paradise, notary notarizes a vehicle transfer - VT_Syrup on 2/11/21 8:18am |
| Re: Trouble in paradise, notary notarizes a vehicle transfer - Matt Miller on 2/11/21 8:44am |
|  Re: Trouble in paradise, notary notarizes a vehicle transfer - VT_Syrup on 2/11/21 8:55am |
|  Re: Trouble in paradise, notary notarizes a vehicle transfer - Matt Miller on 2/11/21 9:01am |
|  Re: Trouble in paradise, notary notarizes a vehicle transfer - VT_Syrup on 2/11/21 10:07am |
|  Re: Trouble in paradise, notary notarizes a vehicle transfer - JanetK_CA on 2/11/21 4:02pm |
|  Intended to . . . - NVLSlady/VA on 2/11/21 4:20pm |
|  Since we're already in the weeds... :>) - JanetK_CA on 2/11/21 5:27pm |
|  The CAC rule (our new Lifeline!) - NVLSlady/VA on 2/11/21 6:15pm |
| Re: Since we -- Agree w/Janet n/m - Yoli/CA on 2/11/21 7:03pm |
| Bingo - and agree 100% - Linda_H/FL on 2/11/21 10:47am |
| Re: Trouble in paradise, notary notarizes a vehicle transfer - Cheryl Elliott on 2/11/21 8:53am |
| Re: Trouble in paradise, notary notarizes a vehicle transfer - Matt Miller on 2/11/21 9:03am |
| Re: Doesn’t explain why this particular guy talking to you - Carolyn Bodley on 2/11/21 11:23am |
| I've done notary work in 11th hour situations. While it's - MW/VA on 2/11/21 10:25am |
| Re: I - SC/CA on 2/11/21 1:27pm |
| WTG! Good job! n/m - Bear900/CA on 2/11/21 2:16pm |
| Re: I - NVLSlady/VA on 2/11/21 4:53pm |
| Case of Coercion & Undue Influence - Bear900/CA on 2/11/21 5:18pm |
| Re: Case of Coercion & Undue Influence - JanetK_CA on 2/11/21 5:31pm |
| Re: Case of Coercion & Undue Influence - NVLSlady/VA on 2/11/21 6:20pm |
| Re: Elder abuse which can be a felony n/m - Carolyn Bodley on 2/11/21 9:33pm |
| Re: Banks often won’t accept POA’s, other than their own n/m - Carolyn Bodley on 2/11/21 4:12pm |
| Objective thought here: Erring on the side of Caution - NVLSlady/VA on 2/11/21 4:13pm |
| Always interesting to read others' comments/slants on things - Cheryl Elliott on 2/11/21 9:36pm |
