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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.
    Connect with the NNA:
    Blog: www.nationalno...
    Facebook: / nationalnotary
    Twitter: / nationalnotary
    Instagram: / nationalnotary
    Pinterest: / nationalnotary
    LinkedIn: / national-notary-associ...
    #Notary #NotaryLaw #NotaryTraining

КОМЕНТАРІ • 107

  • @Natasher318
    @Natasher318 2 роки тому +18

    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🤷‍♀

  • @keishasmith4429
    @keishasmith4429 Рік тому +10

    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!

  • @jakelinavasquez7509
    @jakelinavasquez7509 3 роки тому +8

    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.

  • @DarknessFalls29
    @DarknessFalls29 4 роки тому +22

    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.

  • @ashleytucker9472
    @ashleytucker9472 2 роки тому +5

    This was an excellent webinar. I learned so much in such a short time. The presenter was very engaging, informative and knowledgeable!

    • @NationalNotary
      @NationalNotary  2 роки тому

      Glad you enjoyed it! Thanks for tuning in.

  • @ladydawnie1
    @ladydawnie1 3 роки тому +8

    Great presentation! Details, details, details, people! This was great! Thanks NNA!!💃🏾💃🏾

  • @needacleaner14
    @needacleaner14 4 роки тому +17

    This training was awesome. It was very well detailed. It will also help me in my continuous notarial career. Thank you.

  • @magnoliaviii9130
    @magnoliaviii9130 3 роки тому +6

    Mike Philips you are an amazing teacher.

  • @walk2miles
    @walk2miles 4 роки тому +22

    Excellent training,, Opened my eyes to be very, very meticulous.

  • @rondamorris9631
    @rondamorris9631 2 роки тому +6

    Great webinar! He’s very entertaining and keeps you engaged. Looking forward to seeing more from you!

  • @ToledoOhio
    @ToledoOhio 3 роки тому +11

    ANOTHER wonderful and Much needed endowment by NAA..thank you!!

  • @Natasher318
    @Natasher318 2 роки тому +5

    I LOVE your energy and character! I am so happy I decided to watch

  • @lo-mar-TP
    @lo-mar-TP 2 роки тому +5

    Great information and great way to teach! Thoroughly enjoyed this training. Look forward to more!

  • @Sacred-Heart-of-Jesus829
    @Sacred-Heart-of-Jesus829 10 місяців тому +1

    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!

    • @EI70Residential-Vibiana
      @EI70Residential-Vibiana 8 місяців тому +1

      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.

  • @TheRealCcE
    @TheRealCcE 2 роки тому +5

    Disgusting that a notary had to be involved in someone’s shady marriage and divorce. I will be checking all my certs going forward

  • @Stephsexc0615
    @Stephsexc0615 5 місяців тому

    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! 🥳✊🏽

  • @thereallulustar2044
    @thereallulustar2044 4 роки тому +17

    This was so informative. Thank you for posting. Great presenter!

  • @clchamomile5124
    @clchamomile5124 2 роки тому +2

    "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.

  • @alisonwhite1942
    @alisonwhite1942 3 роки тому +4

    Loved, Loved, Loved this workshop. Very good/interesting points brought out in an informative way.

    • @NationalNotary
      @NationalNotary  3 роки тому +1

      Glad you enjoyed it! Thank you for watching.

  • @yvettegbrown9670
    @yvettegbrown9670 2 роки тому +1

    So important for me as I am dual commissioned in DE & PA. Thanks for sharing.

  • @guadalupegallardo8695
    @guadalupegallardo8695 4 роки тому +5

    Thank you for sharing. It is very helpful information.

  • @carmennunez715
    @carmennunez715 Рік тому +1

    Great video, I loved his presentation and would have liked to have taken my course from Mike Phillips. Great presenter.

  • @BeautyFromAshes42
    @BeautyFromAshes42 3 роки тому +6

    This was an excellent presentation! Thank you for the wealth of information!

  • @gailjohnson8315
    @gailjohnson8315 2 роки тому +1

    I live in the Virgin Islands. I don't get to see this type of really good information. Thanks for sharing.

  • @ladyjatheist2763
    @ladyjatheist2763 Рік тому +1

    excellent presentation! incredibly informative and very engaging!

  • @isabeld200
    @isabeld200 3 роки тому +3

    Excellent training!!!! Great Presenter!!! Thank you!!!!

  • @dawncicero499
    @dawncicero499 Рік тому

    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.

  • @cindya.shaddon5278
    @cindya.shaddon5278 3 роки тому +3

    This is so good! Wonderful Lecture

  • @swright1314
    @swright1314 3 роки тому +18

    It seems that your journal is the ultimate CYB (cover your butt) tool for a notary.

    • @NationalNotary
      @NationalNotary  3 роки тому +4

      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

    • @RAJOHN-ke7mc
      @RAJOHN-ke7mc Рік тому

      @@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.

  • @TheBrideofChrist7777
    @TheBrideofChrist7777 3 роки тому +4

    Thank you! This was/is very informative.

    • @NationalNotary
      @NationalNotary  3 роки тому +2

      You are so welcome! Thank you for tuning in.

  • @karenglenday5106
    @karenglenday5106 2 роки тому +1

    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!

    • @NationalNotary
      @NationalNotary  2 роки тому

      That is a great quote! Thank you so much for sharing your story with us.

    • @keishasmith4429
      @keishasmith4429 Рік тому

      Thank you for sharing this!

  • @dmsbakerds
    @dmsbakerds 3 роки тому +2

    Bravo!!! Definitely Not boring. Very informative information 😎👍🏾

  • @arthurabraham9146
    @arthurabraham9146 3 роки тому +2

    This is very insightful. thank you

  • @crystaljones-bey5290
    @crystaljones-bey5290 9 місяців тому

    🎉 thank you!
    Btw New York does now require a Journal is kept.

  • @alexanderrivera8072
    @alexanderrivera8072 3 роки тому +3

    How often does the NNA check the accuracy of the loose certificates that are downloadable?

    • @NationalNotary
      @NationalNotary  3 роки тому +2

      Hello Alexander. The certificate pads are reviewed often and are updated when new laws go into effect.

  • @kimmclucas2672
    @kimmclucas2672 3 роки тому +2

    Such a great Teacher!

  • @chaz4471
    @chaz4471 9 місяців тому

    How about when a notary says on a document “ see above “ instead of having the person sign

  • @MM-xt4zx
    @MM-xt4zx 3 роки тому +2

    Wow. Learned so much.

  • @spikes4buds
    @spikes4buds 3 роки тому +2

    Great Speaker!

  • @angeleengreen8176
    @angeleengreen8176 4 місяці тому

    I watched the video Ms Stephanie M

  • @nicholepsaintvil887
    @nicholepsaintvil887 2 роки тому +1

    This was very helpful!

  • @shana9740
    @shana9740 3 роки тому +2

    Wow at the last case!

  • @carrierivera5079
    @carrierivera5079 4 роки тому +1

    Great presentation!

  • @sativasweet9110
    @sativasweet9110 2 роки тому +1

    Loved the video!!!!!!!!!

  • @jacquiwalker6219
    @jacquiwalker6219 3 роки тому +2

    This Guy is awesome!

  • @tampathajackson3212
    @tampathajackson3212 3 роки тому +1

    Thanks

  • @signinghawaii
    @signinghawaii 4 роки тому +2

    Isn't it true, however, that E&O will not cover a Notary if they break the law when notarizing?

    • @signinghawaii
      @signinghawaii 4 роки тому +3

      You just answered: E&O is not for INTENTIONAL breaking of the law.

    • @JohnDavis-mu9je
      @JohnDavis-mu9je 4 роки тому +8

      E&O only covers honest mistakes, errors and omissions. Not deliberate unlawful acts.

  • @courtneycormier86
    @courtneycormier86 2 роки тому

    Does this pertain to louisiana state as well?

  • @marykrigbaum9021
    @marykrigbaum9021 4 роки тому +1

    Someone said that the startup cost for a Notary was significant? Bottom line please. thanks great video

    • @NationalNotary
      @NationalNotary  4 роки тому

      Hello! The cost varies by state. What state do you reside in?

    • @Reina609
      @Reina609 3 роки тому +1

      I'm in New Jersey and would like to know too

  • @JamesHanyuSmith
    @JamesHanyuSmith Рік тому

    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?

    • @EI70Residential-Vibiana
      @EI70Residential-Vibiana 8 місяців тому

      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.

    • @EI70Residential-Vibiana
      @EI70Residential-Vibiana 8 місяців тому

      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.

  • @signinghawaii
    @signinghawaii 4 роки тому +1

    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.

  • @alexismcmackin
    @alexismcmackin Рік тому

    seven words isnt a typo, lol. yall get that e&o!

  • @cocosalvador7463
    @cocosalvador7463 10 місяців тому

    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

  • @travisyarbrough4033
    @travisyarbrough4033 2 роки тому

    Google For Brains ....... AND plausible deniability ....... NOPE !!!!!

  • @ninaraibragimova770
    @ninaraibragimova770 2 роки тому +1

    So many unnecessary, time consuming words. These cases could be presented in 5 min each.

    • @NationalNotary
      @NationalNotary  2 роки тому

      Thank you for the feedback.

    • @Aur315
      @Aur315 Рік тому

      Facts !!!

    • @RAJOHN-ke7mc
      @RAJOHN-ke7mc Рік тому +1

      You czn speed up the video.
      I usually listen to these types of videos on a speed of 1.25 or 1.50

    • @EI70Residential-Vibiana
      @EI70Residential-Vibiana 8 місяців тому

      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.

  • @donhughesman5737
    @donhughesman5737 Рік тому +1

    NEVER use a notary as executor for your will.