Posted on: 04th Feb, 2009 08:28 pm
i notarized a quit claim deed for a co-worker and her mother who is in a nursing home. the only id she had was an expired driver's license. the deed was prepared by a real estate attorney and recorded with the clerk of courts last year. the co-workers brother is just now disputing it and has filed criminal charges against me (the notary) and his sister. he is claiming that i was never at the nursing home and she forced her mother to sign it. the brother is abusive towards his mother and is making her say she never signed it. this is a false accusation but the detective investigating all this is saying he is going to arrest me (the notary) for a 3rd degree felony and i did not do anything illegal. can this happen because the mother is now saying she did not sign it in fear of her son?
Hi,
Yes, it's true that you did nothing wrong or illegal. But were you really present at the hospital when her mother signed the deed? If you can prove that you were present at the time she signed it and you did not forge her sign or presented any illegitimate and fraudulent documents, I do not think you can be arrested under charges of felony.
However, your co-worker's brother can claim the deed to be invalid if he is able to prove his sister got her mother to sign the deed under false pretence or threatened her to do so. Thus, I think, the best way to prove this deed legitimate is by persuading her mother to tell the investigators the truth that signing the deed was her own decision and it was in no way influenced by others. Also ask her not to succumb to the pressure her son is putting on her and tell her about the negative consequences she will have suffer if somehow her son gets the title of the property. I am sure she will understand the situation and take the decision that will be right for all of you.
Do not hesitate to ask further queries, if you have any.
Take care & be happy.
God bless you.
Yes, it's true that you did nothing wrong or illegal. But were you really present at the hospital when her mother signed the deed? If you can prove that you were present at the time she signed it and you did not forge her sign or presented any illegitimate and fraudulent documents, I do not think you can be arrested under charges of felony.
However, your co-worker's brother can claim the deed to be invalid if he is able to prove his sister got her mother to sign the deed under false pretence or threatened her to do so. Thus, I think, the best way to prove this deed legitimate is by persuading her mother to tell the investigators the truth that signing the deed was her own decision and it was in no way influenced by others. Also ask her not to succumb to the pressure her son is putting on her and tell her about the negative consequences she will have suffer if somehow her son gets the title of the property. I am sure she will understand the situation and take the decision that will be right for all of you.
Do not hesitate to ask further queries, if you have any.
Take care & be happy.
God bless you.
>I notarized a quit claim deed for a co-worker and her mother who
>is in a nursing home.
Hmm. Was the mother in your physical presence during the signing? If not, you have committed a very serious act of misconduct.
>The only ID she had was an expired driver's license.
Speaking only for my jurisdiction (Texas), you are NOT allowed to prove identity based upon an expired driver's license. Period. If this is the sole means used to prove identity, then you have committed a very serious act of misconduct.
>...The co-workers brother is just now disputing it and has filed
>criminal charges against me (the notary) and his sister.
Again, speaking only for Texas, you would certainly be facing, at a minimum, inquiry by the Secretary of State's office (Notary Public Unit).
>He is claiming that I was never at the nursing home and she forced
>her mother to sign it.
Again, were you at the nursing home?
Further, did you establish willingness and awareness on the mother's part? Since the mother is in a nursing home, you are walking on very, very thin ice if you did not adequately document (in your journal) how you established willingness and awareness! This scenario screams for full documentation.
>The brother is abusive towards his mother and is making her say
>she never signed it.
Hearsay or assumption on your part.
>This is a false accusation but the detective investigating all this is
>saying he is going to arrest me (the notary) for a 3rd degree felony
>and I did not do anything illegal.
Actually, if your state requires an unexpired form of identification, you most likely DID do something illegal. If you weren't in the physical presence of the mother during signing, you did do something illegal. If you failed to establish willingness and awareness, you did do something illegal.
>Can this happen because the mother is now saying she did
>not sign it in fear of her son?
No, not really. If it does happen, it will happen as a result of any, or all, of the above issues.
Remember, as a Notary, you assume the full burden of TOTAL LIABILITY (administrative, civil and criminal).
>is in a nursing home.
Hmm. Was the mother in your physical presence during the signing? If not, you have committed a very serious act of misconduct.
>The only ID she had was an expired driver's license.
Speaking only for my jurisdiction (Texas), you are NOT allowed to prove identity based upon an expired driver's license. Period. If this is the sole means used to prove identity, then you have committed a very serious act of misconduct.
>...The co-workers brother is just now disputing it and has filed
>criminal charges against me (the notary) and his sister.
Again, speaking only for Texas, you would certainly be facing, at a minimum, inquiry by the Secretary of State's office (Notary Public Unit).
>He is claiming that I was never at the nursing home and she forced
>her mother to sign it.
Again, were you at the nursing home?
Further, did you establish willingness and awareness on the mother's part? Since the mother is in a nursing home, you are walking on very, very thin ice if you did not adequately document (in your journal) how you established willingness and awareness! This scenario screams for full documentation.
>The brother is abusive towards his mother and is making her say
>she never signed it.
Hearsay or assumption on your part.
>This is a false accusation but the detective investigating all this is
>saying he is going to arrest me (the notary) for a 3rd degree felony
>and I did not do anything illegal.
Actually, if your state requires an unexpired form of identification, you most likely DID do something illegal. If you weren't in the physical presence of the mother during signing, you did do something illegal. If you failed to establish willingness and awareness, you did do something illegal.
>Can this happen because the mother is now saying she did
>not sign it in fear of her son?
No, not really. If it does happen, it will happen as a result of any, or all, of the above issues.
Remember, as a Notary, you assume the full burden of TOTAL LIABILITY (administrative, civil and criminal).
i signed a dee d in lieu of forclosure to my lien holder i was only a month and a half late on my payments. i had a second loan in place to cure my debt with my lender he said if i signed the dee d he would help me finish the house and we would split the proceeds at the time of sale. there was no nortary present at the time of siging. a few weeks later i received a copy of the documents from the county recorders office stating he was the new recorded owner. i never stood in front of the nortary ,i never signed her notary book and i would like to know what recourse i have against the private money lender and the notary that signed this deed without me even being in frnt of her at any time the recorded documents were sent to my address by accident thats how i found out abut the notory and the private money lenders real agenda..i would appreciate any comments on this matter
Hi carol!
Welcome to forums!
You have been scammed into signing the documents and transferring the property to the lender. You should immediately contact a real estate attorney and take his help in getting a recourse to this whole matter.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You have been scammed into signing the documents and transferring the property to the lender. You should immediately contact a real estate attorney and take his help in getting a recourse to this whole matter.
Feel free to ask if you've further queries.
Sussane