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 Notary duped into signing off insurance loans
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notaryslife

California
348 Posts

Posted - 07/27/2012 :  2:12:04 PM  Show Profile  Reply with Quote
Believe it or not, people change their signatures over time. I've witnessed it a few times now. So if necessary have them conform to their I.D.

quote:
Originally posted by mgb1966

Accepting an acknowledgment from a person on a document which was already signed prior to their appearance before you, requires some extra work from the notary. I would require that the id signature and the signature on the document entirely conform. I would also have the person sign their name on a journal, even if your state does not require a journal. If you don't keep a journal ( not recommended ) ask them to sign a name affidavit and keep it in your records. If they refuse to sign a name affidavit, I believe that you can require them to reproduce the signature on a blank sheet of paper, which you can also retain for your records. As far as I know, you can not refuse to accept an acknowledgment on a pre-signed document. You also can not require them to reexecute the document at the time of notarization.



Sincerely yours,


Notary's Life
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mgb1966

Wisconsin
47 Posts

Posted - 07/27/2012 :  08:17:35 AM  Show Profile  Reply with Quote
Accepting an acknowledgment from a person on a document which was already signed prior to their appearance before you, requires some extra work from the notary. I would require that the id signature and the signature on the document entirely conform. I would also have the person sign their name on a journal, even if your state does not require a journal. If you don't keep a journal ( not recommended ) ask them to sign a name affidavit and keep it in your records. If they refuse to sign a name affidavit, I believe that you can require them to reproduce the signature on a blank sheet of paper, which you can also retain for your records. As far as I know, you can not refuse to accept an acknowledgment on a pre-signed document. You also can not require them to reexecute the document at the time of notarization.
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notaryslife

California
348 Posts

Posted - 07/26/2012 :  09:37:23 AM  Show Profile  Reply with Quote
Jeremy, we can notarize presigned wet signatures for Acknowledgments, not Jurats, in California that are not post dated. What you likely meant to convey in the header of the post is the signer's weren't present, right?

I can take this crime a step further, someone has a counterfeit stamp with my name on it who is signing auto lien release claims on behalf of a bank claiming to be its representative. They have submitted the lien releases to the DMV with my name on it. They called me about the line item copy in my journal and I reported to them the document they sent with my name was forged with a fake stamp.

quote:
Originally posted by jbelmont

http://www.forbes.com/sites/billsinger/2012/06/01/notary-duped-into-signing-off-on-insurance-loans-fined-and-suspended-by-finra/

A California notary public was asked to notarized signatures on several loans from their life insurance policies. The notary supposedly knew all three signers. Leininger (the notary) was fined $5000 and suspended for 90 days from association with any FINRA member firm in any capacity. The signatures on the loans had been FORGED.

Apparantly the document was not signed in the presence of the notary.

A Jurat requires the signer to sign in the presence of the notary, but a California Acknowledgment only requires the signer to sign the notary journal in the presence of the notary. This article doesn't specify what type of notarization it was.





Sincerely yours,


Notary's Life

Edited by - notaryslife on 07/26/2012 10:16:42 AM
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edelske

New York
815 Posts

Posted - 06/22/2012 :  11:32:03 AM  Show Profile  Visit edelske's Homepage  Reply with Quote
The notary commission should have been permanently revoked.


Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com
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jbelmont

California
3106 Posts

Posted - 06/10/2012 :  2:30:56 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
http://www.forbes.com/sites/billsinger/2012/06/01/notary-duped-into-signing-off-on-insurance-loans-fined-and-suspended-by-finra/

A California notary public was asked to notarized signatures on several loans from their life insurance policies. The notary supposedly knew all three signers. Leininger (the notary) was fined $5000 and suspended for 90 days from association with any FINRA member firm in any capacity. The signatures on the loans had been FORGED.

Apparantly the document was not signed in the presence of the notary.

A Jurat requires the signer to sign in the presence of the notary, but a California Acknowledgment only requires the signer to sign the notary journal in the presence of the notary. This article doesn't specify what type of notarization it was.

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