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LindaH
Florida
1754 Posts |
 Posted - 04/30/2013 : 06:02:50 AM
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quote:
Originally posted by jbelmont
It never actually made it to court. The case was dropped.
That's the point - this guy never should have incurred and been responsible for $7,000 in attorney's fees for a frivolous claim - his attorney should have counterclaimed for his fees and made the State pay. His attorney dropped the ball on that one.
ALL notaries need to check their own state laws and find out what kind of state the live in. Then IMO..and this is just IMO....anyone in an attorney-only state should not tread the fine line between in-state and out-of-state closings/signings. It's best if they just decline. I won't touch a signing here in Florida for property in GA (border state) - I know how strict their law is (atty telephone presence does NOT fulfill the attorney requirement) - so I won't touch them.
But that's just me.
Linda
http://www.columbiacountynotary.webs.com |
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jbelmont
California
3106 Posts |
Posted - 04/29/2013 : 5:45:25 PM
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It never actually made it to court. The case was dropped.
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LindaH
Florida
1754 Posts |
Posted - 04/27/2013 : 3:57:51 PM
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"In his state, you can get away with doing out-of-state closings. He documented all his work very carefully as well. He lost $7000 in Attorney fees, but the case was dropped and he was off the hook."
This notary's attorney dropped the ball - there should have been a counterclaim or countersuit filed for attorney's fees and costs of defense, especially since the suit was meritless and was dropped. The notary should not have been out one red penny and should have been made whole in the end.
JMO
Linda
http://www.columbiacountynotary.webs.com |
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jbelmont
California
3106 Posts |
Posted - 04/27/2013 : 3:35:42 PM
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I talk to notaries all the time, and I always love their stories -- at least the interesting ones. But, I just talked to a notary in an Attorney State. For his privacy I won't say which one. But, he was brought into court by his state's bar association for allegedly being guilty of the unauthorized practice of law. In his state, you can get away with doing out-of-state closings. He documented all his work very carefully as well. He lost $7000 in Attorney fees, but the case was dropped and he was off the hook. But, that is a very expensive way of being off the hook.
So, a word to the wise. If you are in an Attorney state, don't do things that the bar association doesn't like involving the Unauthorized Practice of Law!
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Notary brought into court for UPL
