what type of attorney handles civil suit against a notary public

Can I file a lawsuit against a notary public?

Your financial risk as a notary often has nothing to do with being right. You can be right and still end up with legal bills. The best way to handle a lawsuit is to take as many precautions as possible to follow the rules and regulations of your state. Also be sure to carry errors and omissions insurance. Even in the case of a frivolous or ...

What does a civil law notary do?

Mar 28, 2019 · The differences between a notary and a lawyer are mostly found in the areas in which each profession focuses. Because lawyers are required to complete a higher level of schooling than notaries, they are able to represent individuals in all legal matters, including court issues and other contentious matters. Notaries undergo rigorous schooling ...

What is the difference between a lawyer and a notary public?

What types of improper notarizations carry civil liability? Examples of notarial misconduct include the following: 1) the notary notarized an instrument without the signer being present; 2) the notary failed to establish the identity of the signer by satisfactory evidence; 3) the notary failed to execute proper notarial procedures; and 4) the notary knew that the document contained false ...

What is the best defense against a notarization lawsuit?

All power of attorney must be notarized, particularly where real estate is concerned, but as with all legal documents, a notary public signature is a wise precaution in this or for any transaction where repudiation is potentially a concern. We are experienced in handling numerous mesothelioma litigation documents.

Which of the following is a liability or penalty that a notary public might face for failing to faithfully execute the duties of the office or violating the notary public Act?

Willfully failing to discharge faithfully any of the duties required of a Notary is punishable by up to a $1,500 civil penalty (Government Code 8214.15[a]).Jul 25, 2017

What is civil penalty for execution of any certificate of a notary public contains a statement known to the notary public to be false?

Subjects a Notary to a civil penalty of up to $10,000 for willfully stating as true any material fact in an acknowledgment certificate which he or she knows to be false, which may be imposed by the Secretary of State in an administrative hearing or a public prosecutor in superior court.

How do I file a complaint against a notary in Texas?

Questions concerning the complaint may be directed to the Notary Public Unit at (512) 463-5705. The Office of the Secretary of State may take disciplinary action against a notary public in cases where good cause exists.

What is the maximum fine for willful failure to notify the Secretary of State of a name change?

$500It would make willful failure to notify the secretary of a change of address or name to be punishable as an infraction by a fine of not more than $500.

What makes a notarized document invalid?

Illegible/ Expired Notary Seal: Stamp impressions that are too dark, too light, incomplete, smudged, or in any way unreadable may cause an otherwise acceptable document to be rejected for its intended use.

On which document may you not perform a proof of execution?

In California, a proof of execution is not allowed with mortgages, deeds of trust, grant and quit claim deeds, security agreements, powers of attorney, instruments affecting real property, or documents requiring a Notary to obtain a thumbprint in the Notary's journal, though it is allowed with trustee's deeds and deeds ...

Can a Texas notary notarize a document from another state?

Yes. A notary public has statewide jurisdiction and may perform notarial acts in any county in the state of Texas.

What forms of ID are acceptable for notary in Texas?

Acceptable Forms of Identification for Notary ServicesState-issued driver's license.State-issued identification card.U.S. passport issued by the U.S. Department of State.U.S. military ID.State, county and local government IDs.More items...

What is a subscribing witness Jurat Nevada?

The Nevada notarial certificate for jurat of subscribing witness is a document which must be completed by a “subscribing witness” and a notary public to certify that the witness was present during the signing of the principal document.

What is proof of execution by subscribing witness?

The proof of execution by subscribing witness certificate is used when a principal signer who cannot appear before the Notary directs a third party (the subscribing witness) to witness that principal's signing or acknowledging of his or her signature on a document and then to bring the signed document to the Notary for ...

What is the civil penalty for unauthorized manufacture duplication or sale of the notary public seal and related offenses?

15 Cards in this SetWhat is the penalty for unauthorized manufacture, duplication or sale of the Notary Seal?Civil Penalty - $1500What is the penalty for Charging more than the fees prescribed by law?$750 Suspension or Revocation13 more rows

What documents must be notarized in California?

If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal.

What is the difference between a notary and a lawyer?

Because lawyers are required to complete a higher level of schooling than notaries, they are able to represent individuals in all legal matters, including court issues and other contentious matters. Notaries undergo rigorous schooling to receive their certifications but are not required to complete law school and typically represent their clients in non-contentious matters. Since notaries have a narrower field of focus than lawyers, they tend to be extremely efficient specialists in the fields that fall under the purview of their profession. Notaries also do not get involved in litigation, but rather will handle documentation of legal transactions expertly and refer clients to a lawyer if litigation or courtroom representation becomes necessary.

Do notaries get involved in litigation?

Notaries also do not get involved in litigation, but rather will handle documentation of legal transactions expertly and refer clients to a lawyer if litigation or courtroom representation becomes necessary.

Is it better to hire a notary public or a lawyer?

If you are looking for representation in issues that pertain to property or other non-contentious matters, it might be more beneficial to hire a notary public than a lawyer. Although lawyers complete more school, their areas of practice will often be different from those of a notary public.

Who is liable for notary misconduct?

A notary is liable to the person involved for all damages caused by his or her notarial misconduct. If a notary’s official negligence or misconduct is the proximate cause of a person’s financial losses, such person may sue and recover damages from the notary public and his notary surety bond.

What is the liability of a notary?

A notary’s official misconduct carries civil and criminal liability, which includes disciplinary action by the state’s commissioning authority. If a notary’s official negligence or misconduct is the proximate cause of a person’s financial losses, such person may sue and recover damages from the notary public.

What happens if a notary fails to execute proper notarial procedures?

A notary public who fails to execute proper notarial procedures may be subject to civil liability for any damages caused by the notary’s official misconduct. If the notary’s misconduct enables a crime to occur, the notary may be subject to criminal liability.

Is a notary public liable for a notary error?

Yes. A notary public is liable for all damages caused by his or her errors, omissions, improper notarizations, or negligence in the performance of a notarial act even if such actions were made inadvertently. Back to top.

Is a notary's signature invalid?

Merely affixing the notary’s signature and seal to a document constitutes an invalid notarization. Most states’ statutes dictate that a notary public must execute a notarial certificate in the performance of a notarial act. Violations and acts of official misconduct create civil and criminal liability for the notary.

Can a notary be transferred?

No. A notary public commission is nontransferable. The authority of a notary public cannot be transferred to another individual. Generally, states’ laws indicate that any person who acts as, or otherwise willfully impersonates, a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of a misdemeanor or a felony punishable upon conviction by a fine or by imprisonment or both.

Can an employer be held liable for notary misconduct?

Yes. Remind your employer that violations of notary law and misconduct create civil and criminal liability for the notary public. The employer may also be held jointly and severally liable for damages if the notary was acting in the scope of his or her employment and the employer knew or should have known of the notary’s official misconduct. The employer could face vicarious liability when the employer coerces a notary public to break notary laws or perform an illegal notarial act.

What happens if someone else gets access to your notary seal?

If someone else gets access to your seal, they can use your Notary seal to commit fraud and do significant harm to others — and you could be held responsible. Always store your seal in a locked, secured area when not in use, and never let anyone else borrow it or take it.

Why are notaries suspended?

The most common reason Notaries are sued and have their commissions revoked or suspended is failing to require a signer’s personal appearance. Be sure to always abide by your state’s personal appearance requirements, however it defines them. And never skip the requirement “as a favor” or “just this once.”.

Why do you need to make sure all blanks are filled in when notarizing?

By making sure all blanks are filled in at the time you notarize, you protect both the signer and the transaction from potential fraud, and reduce your risk of being sued. 3. Always Identify Your Signers. Identifying your signers in compliance with your state’s Notary laws is crucial.

What is a good defense against lawsuits?

A well-kept journal of your notarial acts is one of the best defenses you can have against lawsuits. A legible, complete journal entry provides evidence to help determine what happened if a notarization is disputed, and can also help show you followed appropriate steps when notarizing.

Can a notary notarize a signature?

Never notari ze your own signature or a document in which you are personally named because a Notary’s impartiality can be questioned in these circumstances. If you will receive a direct benefit, fee, commission or advantage other than the fee allowed by state law, you also should not notarize. Some states also prohibit Notaries from notarizing for close family members. Even if not specifically prohibited by law, it’s a good idea to avoid notarizing for close family members to make sure your impartiality is never questioned. Also, never give advice about the contents of the document or details of the transaction. Doing so can lead to your being sued or facing other penalties for the unauthorized practice of law. If a client asks you for advice about the legality of a document or how to complete it, tell the signer that you are prohibited by law from giving unauthorized legal advice.

Can a notary be sued?

Notaries can be sued for any number of reasons. These 10 steps can help you prevent a lawsuit from being filed against you. Following Notary laws is key. 1. Never Notarize for a Signer Who Isn’t Present. The most common reason Notaries are sued and have their commissions revoked or suspended is failing to require a signer’s personal appearance.

Can you notarize an incomplete document?

Don’t Notarize Incomplete Documents. A document needs to be completed prior to notarization. If you notarize an incomplete document — for example, a loan document with the interest rates or terms left blank — there is a risk those blanks could be filled in with fraudulent information.

Do you need a notary for a power of attorney?

All power of attorney must be notarized, particularly where real estate is concerned, but as with all legal documents, a notary public signature is a wise precaution in this or for any transaction where repudiation is potentially a concern.

Do you need a notary for divorce?

Divorce documents, for example, must be notarized. Automobile bills of sale must be notarized in some states, and while a promissory note generally does not require a notary, it will almost certainly be easier to enforce if the signatures are in fact notarized. All power of attorney must be notarized, particularly where real estate is concerned, ...

What is a notary public liable for?

A Notary Public is personally liable for negligence or fraud in the course of performing his or her duties. The bond a Notary Public is required to post is meant to ensure that the injured party can recover up to $10,000, but the Notary can still be held personally liable for any damages he or she has caused and may be subject to criminal prosecution and revocation or suspension of his or her notary public commission.

What is the duty of a notary public?

A Notary Public takes an official oath of office to faithfully perform the duties of the office and is required to post a $10,000 bond with the Secretary of State. The primary duty of a Notary Public is to show that he or she, ...

How to make sure a notary is authorized to notarize a document?

Make sure the notary is authorized to notarize your document by asking to see the actual stamp imprint and the validity year. Once your document has been stamped, make sure the notary’s name and commission number and the date when the commission expires are visible.

What to watch for in notary fraud?

Prohibited acts include: Performing acts which constitute the practice of law. Preparing, drafting, selecting, or giving advice concerting legal documents.

What is notarizing a notary?

Notarizing the notary’s own signature. Issuing identification cards. Signing a notarial certificate under any other name than the one under which the notary was commissioned. Certifying copies of documents recordable in the public records.

Is it easy to become a notary public?

Becoming a Notary Public is quite easy and generally takes little more than the completion of a few simple online courses— which means corrupt or deceitful individuals bent on notary fraud may be able to become “real” notaries. If you need something notarized, do the following when you seek a Notary Public:

Is notary fraud common?

Notary fraud is more common than you would think, so it’s important to arm yourself with information and know what to watch for.

What is the liability of a notary public?

A notary public’s liability for damages shall include non-economic and economic damages in some jurisdictions. Also, long-arm statutes provide jurisdiction to encompass the tortious actions of non-resident notaries when a notarized forgery is affixed to a document affecting interests in immovable. In Werner v.

What happens if a notary fails to carry out his duties?

A notary public who fails to carry out the notary duties correctly may be subject to civil liability for any damages caused by the failure or error. If the notary’s error enables a forgery, false writing, or other crime to occur, the notary also may be held criminally liable as an accessory to the crime. The Secretary of State also may revoke the ...

What happens if a notary is negligent in notarizing affidavits?

If a notary is negligent in notarizing affidavits and such negligence constitutes a proximate cause of injury, the injured parties are entitled to be indemnified by the notary and surety, even though the escrow company that handled the transaction was also negligent in failing to examine the affidavits.

What are the most common errors made by notaries?

The most common errors by notaries public in notarizing documents are: Failing to attach the notary seal. Neglecting to attach the notary public’s date of expiration of appointment.

What is a notary bond action?

An action on a notary’s bond is one for breach of contract, and on the issue of proximate cause, it makes no difference whether the notary’s act in falsely certifying is the result of fraud or negligence.

Why is notarization important?

Effective notary services help to ensure that documents are properly executed, that facts are duly certified, and above all, that the general public is protected from fraud. Notarization is therefore essential for many official documents including mortgages, deeds, contracts, and various corporate transactions.

Is a notary surety liable for a mortgage?

The notary’s surety is liable to one damaged by the notary’s false certification of a fraudulent acknowledgment to a deed of trust, the forging of a mortgage, or , similarly , by the fraudulent acknowledgment of a fictitious mortgage.

Shaun Harris Malvin

I agree with the other responses that you may have several valid fraud-based claims against the conspirators. As far as the notary is concerned, check your state's laws/statutes regarding notaries. The notary may be liable if he/she neglected their duties, and your state may required notaries to carry a bond.

Jon Alan Marshall Jr

The scenario you presented may require filing an action against the parties involved assuming you can itemize the damages or losses and your noted evidence is available. There may also be a separate or earlier action available should the fraudulent will have been probated.

Charles Michael Tobin

As many litigants learn everyday, there are no slam dunks. Your question contains far too few facts to provide any definative answers. You need to consult with an attorney. A civil litigator with experience in will contests would be just fine. You say that you lost thousands of dollars.

Michael J. Brooks

You should consider a consultation with counsel to flush out all the facts and potential claims. In addition to civil claims you may also want to pursue criminal charges and seek restitution.

Scott Ivan Fegley

You need someone with civil litigation experience. You should be considering a lawsuit against the girlfriend and the two co-workers in addition to the notary. Claims against the girlfriend and the co-workers should include fraud.