Can this be legal are there law's to stop this from happenning?
2007-10-16 04:45:52 · 9 answers · asked by hoey 2 in Politics & Government ➔ Law & Ethics
Notary law varies from state; but the first requirement is that you identify the person signing and witness the signature
2007-10-16 04:49:23 · answer #1 · answered by wizjp 7 · 3⤊ 0⤋
It is illegal and the notary can be subject to civil penalty under the state notary public law and legal liability for malpractice. Notaries are asking to see drivers licenses or other proofs of identification for people. My father-in-law brought suit against a notary and her bonding company, as well as a man and his mistress who was an impersonator of an absent wife. The man and his mistress sold land that had been owned by the man and his wife. The notary knew the man who signed the deed but she did not know his wife. She took for granted that it was his actual wife that signed the deed merely because she trusted the man when he said, this is my wife "Elisabeth." It wasn't his wife who signed the deed, and the property was fraudulently conveyed. The proper method for determining the identity of a person appearing before a notary under the amended Notary Public Law is that the "officer notarizing the instrument shall know through personal knowledge or have satisfactory evidence that the person appearing before the notary is the person described in and who is executing the instrument." "Personal knowledge" as defined in the amended Notary Public Law means having an acquaintance, derived from association with the individual in relation to other people and based upon a chain of circumstances surrounding the individual, which establishes the individual's identity. "Satisfactory evidence" means the reliance on the presentation of a current, government-issued identification card bearing a photograph or signature or physical description and serial or identification number or the oath or affirmation of a credible witness who is personally known to the notary and who personally knows the individual.
2016-05-22 22:54:01 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Legally, no. I mean, he's not allowed , by law, to notarize something without all parties present. That said, I, too, have a notary who legalized papers for me without the other person there. But it is illegal. Think about it : in my case, I received my signed letter from Europe, via mail, from my brother-in-law. I signed next to it, and that was the end of it. But imagine if I didn't feel like sending the letter to him, wait for it to get back, etc...I could just have signed for him, and no one would have known, since the notary legalized it! But what if my brother-in-law would have not agreed to the document ??? I can do whatever I want, since I now have a notarized paper with his signature on it!!! You see my point? Oh, and one more thing : what if one day someone decides to notarize a piece of paper with MY signature?? Or YOURS !
(That's why my notary stopped doing it a while ago...)
2007-10-16 04:55:53 · answer #3 · answered by semperfidesny 2 · 0⤊ 0⤋
NO, its not legal. A notary simply is saying, by stamping the document, that they witnessed the person writing the statement, signing the document, etc. There are laws in all states, i believe, that prevent this from happening. And, any good notary, would not do it in the first place.
2007-10-16 04:49:53 · answer #4 · answered by Anonymous · 3⤊ 0⤋
It is not legal. You have to be in front and sign in front of the notary before they can stamp it. Turn in the notary. Go to your local county attorney and ask where to go to press charges aganist this person, but make sure you have witnesses, to the fact.
2007-10-16 04:55:56 · answer #5 · answered by LIPPIE 7 · 0⤊ 0⤋
No, the notary needs to thumbprint the signer and have them sign in the notary journal before they can notorize a document. Also, some form of identification must be presented...the signer has to be present at some point in time unless a Power of Attorney is granted.
2007-10-16 04:53:08 · answer #6 · answered by careedee 2 · 0⤊ 1⤋
No. According to the Notaties duties, they need to have the documents signed in their presence by all parties involved. The Notary can lose his/her commission if this is not done.
2007-10-16 04:50:13 · answer #7 · answered by sensible_man 7 · 0⤊ 0⤋
they are not supposed to. so, technically, they can, but according to the law that allows them to be notaries, they're not allowed to. if they get caught, they can lose their notary position.
2007-10-16 04:50:03 · answer #8 · answered by ditzi_k 5 · 0⤊ 0⤋
i always get mine stamped without the other person there
2007-10-16 04:49:00 · answer #9 · answered by hooya 3 · 0⤊ 3⤋