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3 Court Cases Every Notary Should Know
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- Опубліковано 18 сер 2024
- Notaries are responsible for deterring fraud and may find themselves in legal trouble if something goes wrong. To learn more about how you can avoid lawsuits as a Notary, visit: bit.ly/AvoidBe....
Personal appearance, satisfactory identification, and valid certificates are at the core of every notarization - and they play a major part in most Notary lawsuits. Notary liability occurs when damages are caused by improper notarizations, negligence, simple errors, and even innocent mistakes. Anyone involved in a transaction that requires notarization can file a lawsuit, forcing Notaries into a courtroom to prove their innocence or face the music and pay up.
This workshop covers 3 court cases involving Notary-related liability, the Notaries who were involved and why they found themselves in hot water. By the end of this video, you’ll understand the clear importance of following the law, industry best practices and standards of professional care during every notarization.
Presented by Mike Phillips, Senior Director of Patient Advocacy and Housing Services at the Jewish Family Service of San Diego. Recorded at the NNA 2019 Conference.
Workshop Overview
00:00:00 - 00:04:00 - Introduction and Workshop Objectives
00:04:01 - 00:34:52 - Case 1: Bessenyei v. Vermillion - A Delaware lawyer files a case against a Notary who didn’t require personal appearance.
00:34:53 - 01:03:03 - Case 2: Vancura v. Katris - An Illinois case claiming a signature was forged because personal appearance was not observed.
01:03:04 - 01:14:42 - Case 3: Galetta v. Galetta - A Notary is dragged to court in this New York divorce case for an error in the Notary certificate language.
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Wow! No matter what - A Notary key responsibility is to verify that the individual is indeed who they say they are - PERIOD! She should have told her boss NO and file a suit against him if he continued to harass her about it. Honesty and Integrity are key - a Notary must be trustworthy🤷♀
Thanks for watching!
So glad to have come across this video as a brand new notary! The presenter is awesome and very engaging. I'm a stickler for CYA in all of my careers. Rules are here for a reason! Thanks so much for this video!
Glad you enjoyed it!
Mike Phillips was an excellent presenter. He kept me engaged and interested the whole time. I learned a lot and I know it had a lot to do with who was presenting the information.
Thank you for watching!
Great presentation of the court cases. Negligent or not, the notary always gets caught up in the scheme. Lesson here us to always pay attention, mind your supplies, and keep E&O insurance.
This was an excellent webinar. I learned so much in such a short time. The presenter was very engaging, informative and knowledgeable!
Glad you enjoyed it! Thanks for tuning in.
Great presentation! Details, details, details, people! This was great! Thanks NNA!!💃🏾💃🏾
Glad it was helpful!
This training was awesome. It was very well detailed. It will also help me in my continuous notarial career. Thank you.
Great to hear!
Mike Philips you are an amazing teacher.
Thank you for watching!
Excellent training,, Opened my eyes to be very, very meticulous.
Thank for the feedback!
Great webinar! He’s very entertaining and keeps you engaged. Looking forward to seeing more from you!
More to come! Thanks for watching.
ANOTHER wonderful and Much needed endowment by NAA..thank you!!
Thank you for watching!
I LOVE your energy and character! I am so happy I decided to watch
Yay! Thank you!
Great information and great way to teach! Thoroughly enjoyed this training. Look forward to more!
Glad you enjoyed it!
This happened to me long ago when I worked in the banking industry in Commercial Real Estate (Special Assets). I was basically pressured to notarize settlement documents for a gentleman who did not have a valid driver's license or any ID on him. He was there in person but the person handling the settlement just blew me off when I asked to see his ID. Really scary that people actually think it is OK to do that!
If this situation ever happens again, Notary may (or should) determine identity by having someone, in your case the person who was handling the settlement, 'vouch by oath' to that person's identity and sign under the unidentifiable individuals signature with date. That will alleviate the burden of proof and the person insisting you notarize will themselves be liable if the signature is fraudulent. That's the best solution I came up with when it happened to me. Fraud under oath is not your fault.
Disgusting that a notary had to be involved in someone’s shady marriage and divorce. I will be checking all my certs going forward
This webinar was so intriguing, it was filled with lots of insurance and taught me to make sure I know the notary law of my state, pay attention to my supplies and make sure I have E&O insurance. This was really great especially as becoming a new notary I'm excited and I feel ready to go after this! 🥳✊🏽
Best of luck!
This was so informative. Thank you for posting. Great presenter!
Thank you for watching!
"Hind sight is 20/20." It's interesting how true that statement has become in my life as of late. Despite all my study, and prep, and research, and study again, I still manage to miss things only until AFTER I've done the thing or someone else has done something and I see how my set up wasn't as ready as I thought. This is just general musings but still true.
Loved, Loved, Loved this workshop. Very good/interesting points brought out in an informative way.
Glad you enjoyed it! Thank you for watching.
So important for me as I am dual commissioned in DE & PA. Thanks for sharing.
Glad it was helpful!
Thank you for sharing. It is very helpful information.
Great video, I loved his presentation and would have liked to have taken my course from Mike Phillips. Great presenter.
This was an excellent presentation! Thank you for the wealth of information!
Glad it was helpful!
I live in the Virgin Islands. I don't get to see this type of really good information. Thanks for sharing.
Thanks for watching!
excellent presentation! incredibly informative and very engaging!
Excellent training!!!! Great Presenter!!! Thank you!!!!
Glad you enjoyed it!
As a CA Notary, I can't imagine NOT keeping a journal! Would love to be able to keep it electronically, though. Sloppy is not ok in CA.
This is so good! Wonderful Lecture
Glad you think so!
It seems that your journal is the ultimate CYB (cover your butt) tool for a notary.
Yes. A Notary can be sued over a notarization years after it takes place, but well-kept journal records will protect you if that happens. More information here: www.nationalnotary.org/notary-bulletin/blog/2017/06/take-care-notary-journals-need-them
@@dominoshboutique2552 you could let them lnow that sigingin in two places is a part of the process. Have them sign the journal first and then the document.
Thank you! This was/is very informative.
You are so welcome! Thank you for tuning in.
Once a mortgage manager wanted me to drive 30 miles each way at 10:30 at night. I called the clients. I knew they were under duress. They just came back from getting and adopting their grandchild. They were very tired. I refused to take the assignment. A few months later, an attorney called me. He asks, "Do you remember a case regarding
Mr. And Mrs X, Y, Z?" "Oh, yes! I said." "Were you the notary that notarized the document?" Oh, no, it WAS NOT me. The couple were definitely under duress". "You did the right thing, now what was your name again? We'll be calling YOU for some of our signing agent work" "Great job! He said". Wow! I was on cloud nine! I had to be real firm with the mortgage representative". Glad I did! But we all make mistakes. Remember, "Failure is the mother of success". Old Japanese proverb. Thing is this......he did find a signing agent to do it. I hope she had adequate E & O Insurance!
That is a great quote! Thank you so much for sharing your story with us.
Thank you for sharing this!
Bravo!!! Definitely Not boring. Very informative information 😎👍🏾
Glad to hear it!
This is very insightful. thank you
Glad it was helpful!
🎉 thank you!
Btw New York does now require a Journal is kept.
How often does the NNA check the accuracy of the loose certificates that are downloadable?
Hello Alexander. The certificate pads are reviewed often and are updated when new laws go into effect.
Such a great Teacher!
Thanks for watching!
Thank you for tuning in!
How about when a notary says on a document “ see above “ instead of having the person sign
Wow. Learned so much.
Thank you for tuning in!
Great Speaker!
Thanks for tuning in.
I watched the video Ms Stephanie M
This was very helpful!
Glad you think so!
Wow at the last case!
Thank you for watching!
Great presentation!
Thanks for watching!
Loved the video!!!!!!!!!
Thank you for watching!
This Guy is awesome!
Thank you for the feedback!
Thanks
No problem!
Isn't it true, however, that E&O will not cover a Notary if they break the law when notarizing?
You just answered: E&O is not for INTENTIONAL breaking of the law.
E&O only covers honest mistakes, errors and omissions. Not deliberate unlawful acts.
Does this pertain to louisiana state as well?
Someone said that the startup cost for a Notary was significant? Bottom line please. thanks great video
Hello! The cost varies by state. What state do you reside in?
I'm in New Jersey and would like to know too
I'm 10 minutes in this, listening to this Goggins case, and I had a theoretical question: I know Notaries can only sign for people within their state. Someone with a Kansas license, cannot fill a notary in Colorado.
In this case of Vermillion, it's a Pennsylvania Notary in Pennsylvania business, just not in Pennsylvania. If Bessenyei paid the Notary to fly out to wherever he was, and then they performed the notary in front of eachother, and flew back to Pennsylvania - would that still be okay? Or not?
I believe it would be, then again today there is video chat where he could have signed his paperwork via fax, showing his ID or whatever valid document he had and Goggen could have taken an oath verifying Bessenyei's identity and signing on that oath. Basically, the Notary could have made more effort to be creative in verifying Bessenyei's signature. The Burden of Proof is on the Notary to obtain. The signer can be whoever they want but with an oath attached the burden is alleviated off the Notary and onto the vouching person. Fraud under oath is not the Notary's fault.
P.S. I am a Notary in Colorado and the answer to the first question about an out of state Notary signing in Colorado is two fold.
The Kansas notary may sign in Kansas on a document that will eventually be a Colorado document but a Kansas Notary may not be a practicing Notary in Colorado nor sign in Colorado for a Kansas document. The Notary must put on their signature where the document was signed. A Kansas Notary cannot sign documents in another state but the documents he signs in Kansas may be used in any state.
Hawaii Notary Law has a prohibition against completing a false notarial certificate which, because the signer didn't not appear, and possibly the Notary wasn't identified by I.D. and also the signature, would all constitute a false notarial certificate...apparently.
seven words isnt a typo, lol. yall get that e&o!
Am sorry my xpiri3nce for about notary they let me sign blank why paper ,am innocent nothing to read ,they need my signature,no question to me nothing to read sorry about that pls
Google For Brains ....... AND plausible deniability ....... NOPE !!!!!
So many unnecessary, time consuming words. These cases could be presented in 5 min each.
Thank you for the feedback.
Facts !!!
You czn speed up the video.
I usually listen to these types of videos on a speed of 1.25 or 1.50
The root of the video could have been done quickly but he made so many side comments that gave information on the otherwise. Side info sometimes gives more than the subject at hand. Personally, I enjoyed the presentation because he gave examples and options and stirred my 'find a creative solution' thinking. If it's just facts you want then just read your handbook from your state.
NEVER use a notary as executor for your will.
Why ?
@@carialv fraudsters