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What if a loan document is notarized and the person who notarized it is not a notary public and proven not to be one by the state's Secretary of State office?
Wiki User
∙ 14y ago
We (my husband and I) got a mortgage loan. We signed a 30 year mortgage. The loan officer took the loan papers back to his office, changed the terms to a 15 year mortgage w/balloon pymt., and had it notarized by a woman that Secretary of State's office has verified has never been a notary in the state of South Carolina. We ended up losing our home in a foreclosure and it wasn't until it was all over did we realize these things. We've filed a lawsuit, representing ourselves, unfortunately, but that's the only way we could do it.
I would think that contract law would be specific and that the entire loan/mortgage would have been null and void from day one.
Wiki User
∙ 14y ago
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In the state of Georgia does the notarized document expire when the notary stamp expires?
The notary stamp has no affect on the validity of the document. A notary is typically appointed for a period of a few years. No one has to go and get all their documents 're-notarized' to keep them valid.
What happens to the document if the signer is not present when the notary act takes place?
That instrument would be invalid and the notary should be reported to the secretary of state's office.
How do you report a notary that forged my signature I did not sign the document but she notarized my signature?
Visit the local district attorney's office and ask to speak with an assistant. If possible bring a copy of the forged document with you.
Where do you get something notorized?
Generally, you can get a document notarized at your bank or attorney's office. You can also usually get a document notarized at the local courthouse or at the land records office.
Where do you go to get something notarized?
A Notary Public is an official who is granted this responsibility in a State within the USA. While some Notary Public officials maintain an office, the two locations you are likely to find a Notary Public is at a bank or at a lawyer's office.For a small fee, A Notary Public will witness you signing the document, and will imprint the paper with a special embossed raised seal. The Notary will sign and date this document. This is referred to as having a notarized document.* Do not sign your name beforehand, NOT until you are standing in front of the Notary Public or it will be invalid and the Notary will NOT notarize it for you.* ALSO you should have a photo ID with you that bears your signature, such as a State ID or Driver's License.
Where can you notarize a document?
Assuming you mean what place you can get a document notarized ... post office, bank, most law firms will do it for a small charge (possibly free), real estate office, phone book advertiser. If you mean where on the document, it is below the signature (which the notary is in essence saying is really you). You should not sign your document until you are in front of the notary. He/she will look at your i.d. and then watch you sign it.
My husband has me sign papers then takes them to his lawyers office to be notarized without me present. Is that considered legal?
The purpose of a notary is to witness your signature or "seal" on a document. It is not legal for a notary to affirm in writing that you personally appeared before them and signed a document, if you did not do so.Furthermore, you should not sign papers unless you fully understand what they are for. Speak up and pay attention. The attorney should be reported to the state board of bar overseers and to the Secretary of States office for violating the law that governs notaries public.
If the notary believes a signature is real is it fraud if a power of attorney is signed in LA then notarized in MS without signed witnesses in either state and if so what are the repercussions?
The POA would be invalid if it was not signed before the notary who "notarized" the signature. The MS notary should be reported to the MS Secretary of State's Office and a copy of the POA should be provided with the complaint if possible. You can find the contact numbers for the MS SOS at the link provided below. You can call their office for further information.
Can a notary spouse witness a document?
Unless specifically forbidden to do so by state statute a Notary Public, by their very office, IS a witness to the document. The signatory swears in front of the Notary that whatever is in the document that they are signing is the truth, and then signs it in front of the Notary, who then puts their seal and signature on it.
Does a copy of a notarized document have to be notarized?
Not unless it is intended to be used as a 'legal' paper in it's own right. All 'official' notary stamps and impressions must be original.Another PerspectiveIf you need to use a copy of a notarized document for some purpose it must be a copy of the actual notarized form showing the acknowledgment. For example, many entities will accept a copy of a fully executed POA (Power of Attorney) for their records. A copy of a fully executed POA may be acceptable at some facilities where it must be used. Some hospitals may accept a copy of a fully executed health proxy for their records. If you want to have a copy of a legal document for your records make sure it's a copy of the fully executed, notarized document.When multiple originals of a legal document are executed they must each bear a notary stamp. A photocopy of a POA, health proxy or any legal document made before the document was fully executed has no value.A copy of a notarized document is acceptable in courts if it is certified as a true copy of the original. It must be certified as a true copy by the keeper of the records from which it came. For example, certified copies of documents that have been recorded in the land records can be obtained at that office.
Is it necessary to have the seal and stamp on a document notarized in the state of TX?
"Texas Gov't Code Ann. 406.013 requires a Notary Public to use a seal of office to authenticate all his/her acts. A printed seal does not mean a hand drawn seal."
What is the notary fees on transfer of tenancy rights and what are the general lawyer fees for drafting agreement?
When a document needs to be notarized, it can very often be done without a fee. Most banks, for example, provide free notary services to their customers. Attorneys, who frequently need notarized documents, will almost always have someone on the staff who is an official Notary. Though some lawyers will charge a nominal fee to have documents notarized, it is usually reserved for those instances when that is the only service you need from the firm. If, for example, you hire an attorney to prepare a document for you and that document then needs to be notarized, the standard in the profession is to provide that notary service "free," without additional charge. The amount an attorney will charge you to draft an agreement will vary depending on the region, the individual attorney, the complexity of the document, and so forth. To transfer tenancy rights, it is not necessary -- but it is helpful -- to have an attorney help you. You might also check with a local title office. There are forms you can use, fill in the blank, and transfer ownership / tenancy rights, all without a fee (other than filing fees).
