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vince

Kansas
324 Posts

Posted - 12/31/2009 :  09:12:15 AM  Show Profile  Visit vince's Homepage  Reply with Quote
quote:
Originally posted by BobbiCT

Not all notaries are alike, worldwide or in the U.S.


Bobbi in CT


Isn't that the truth. Some notaries "feel" they can handle any and all things related to work as a notary. It sure helps to know one's limits both professionally and personally.
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BobbiCT

Connecticut
135 Posts

Posted - 12/30/2009 :  10:52:14 AM  Show Profile  Visit BobbiCT's Homepage  Reply with Quote
"whole hysteria leading to the "notario publico" laws was ginned up the the lawyers. The myth says that since "notarios" have lots of powers and education in Latin America illegal immigrants are fooled into thinking that the notary has the power to give advice about immigration forms and a notary is like a notario in the home country."

State this to a Notary in Puerto Rico and you WILL get an earfull! Spend an afternoon with a Notary from China or Japan or France - there's a big difference.

Sadly, the notario hysteria "myth" has proven true in Connecticut more than a few times in just the past two years, by "legal" immigrants being taken in by an easy money simply "help" fill-in the form notary aka "notario." The assumption: The notary offered to help fill-in the form for $x,xxx which is less than a lawyer would charge and, if the notary wasn't familiar with the forms and laws, surely the notary wouldn't have been So Nice and offered to help us. There are pro-bono attorneys now working with a number of the harmed people; however, these people probably won't get their $$$$ back and the harm cannot be easily corrected. Real estate attorneys and lenders, financial institutions and the immigration department, particularly in this day and age, do NOT accept the excuse, "I didn't know the paperwork was incomplete [or wrong]. The Notary didn't tell me."

Attorneys did not dream up this myth. They are helping those harmed by self-proclaimed "notarios" and those who, sadly, didn't know what they were doing when replying "yes" to the broken English question of "oh ... notary ... notario?" Same as, "You're a notary, so you can be my notary closing agent on my $750,000 home refinance." Not all notaries are alike, worldwide or in the U.S.


Bobbi in CT
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vince

Kansas
324 Posts

Posted - 12/28/2009 :  7:07:36 PM  Show Profile  Visit vince's Homepage  Reply with Quote
Wow, talk about a slow moving thread. Original post on February, response on March 3, followed by reaction on December 28. More to follow?
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zanger

16 Posts

Posted - 12/28/2009 :  09:31:27 AM  Show Profile  Reply with Quote
quote:
Originally posted by Lisa T.

Not sure what state you're in zanger, but in CA, it is illegal to use the term "notario publico". Myth or no myth, no can do in CA per the SOS.
You are correct, the use of "notario publico" is illegal, but that is not my point. My point is the whole hysteria leading to the "notario publico" laws was ginned up the the lawyers. The myth says that since "notarios" have lots of powers and education in Latin America illegal immigrants are fooled into thinking that the notary has the power to give advice about immigration forms and a notary is like a notario in the home country.

The reason it is a myth and a slur:
1. People in Latin America do not need to be notarios to give advice about immigration forms, anyone can.
2. A notary (or other nonlawyer) working for a nonprofit that is registered with the INS can advise about immigration forms.
3. Bolivia has people courts where the lawyers do not even need to be literate.
4. Notarios in Latin America do not normally fill out immigration forms.

In Latin America it is not required to be a lawyer or notario to advise on Immigration forms, and notarios normally do not even handle immigration forms. So how is it confusing for these immigrants?

It is the just the lawyers protecting their monopoly.

Edited by - zanger on 12/28/2009 09:34:47 AM
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Lisa T.

California
391 Posts

Posted - 03/23/2009 :  10:07:59 PM  Show Profile  Visit Lisa T.'s Homepage  Reply with Quote
Not sure what state you're in zanger, but in CA, it is illegal to use the term "notario publico". Myth or no myth, no can do in CA per the SOS.
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zanger

16 Posts

Posted - 02/08/2009 :  5:56:25 PM  Show Profile  Reply with Quote
There is somewhat of a myth going around that there are all these immigrants being fooled into thinking that a notary in the US is like a notary in Latin America with lots of powers. For one thing, a notary in Louisiana and Puerto Rico have similar powers to a notary in Latin America, and second as far as education I keep hearing that "notarios" in Latin America have the same education as a lawyer in the US. Not true, lawyers in Latin America are legally required at the most 3 years of college.

In Bolivia there are "Community Courts" where the lawyers and judges need no college. So yeah, notarios in Latin America are lawyers but they leave out many never even went to college.

Supposedly all these immigrants are fooled and harmed when a notary that helps them fill out a boiler plate government form because they are tricked and fooled into thinking the notary is like the notary in the old country. The truth is that a con man wants to trick an immigrant out of his money to fill out a boiler plate form usually impersonates a lawyer.

This myth was started by the legal monopoly to smear legal document preparers that are also notaries.
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