As a practice area update, we have come across a recent rash of “bad notary” cases. These are typically cases in which it can be shown that the notary did NOT follow the proper protocol and caused someone harm as a result. The type of cases we have seen recently involve issues such as backdated affidavits, robo-signed documents, improper identification or forged signature cases, and failure to actually administer the oaths, usually because the documents are actually notarized remotely or after the fact. While there may be other cases or causes of action involving the impact of the documents at issue, we have been successfully exploring legal actions against the notaries themselves. One of the unique issues in notary violation cases, is that in most states notaries are required to maintain a bond, or an errors and omissions insurance policy, that can provide at least some relief for this type of misconduct. If you are interested in having our office look at your case, please call us at 1-800-922-6442 or 813-877-6442, to discuss your situation. We are specifically looking for some of the following fact patterns:
1) The notary block as two signatures, a verification section for only one and there is an issue as to forgery or after the fact signature for one of the signors.
2) The notary stamp was either expired at the time it was used, or was issued after the date of the alleged notarization.
3) The oath was never actually given to signor(s) and the document was disqualified or rendered ineffective as a result.
4) The document was improperly notarized and either used in some form of Identity Theft or to steal personal or real property.
5) The document was notarized in blank, with improper terms later filled in or changed.