Florida Notary in Serious Trouble

WoW!!! This is something that most of us would never do, but someone did, so great lesson to share with newbies!!! Thank you for sharing this

Searching the public record from my DOB there are so many mistakes. It’s actually kind of funny

No that’s a whole different beast :joy:

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I am wondering, if POA was prepared before the Deed, which I assume it was, that means that there is a possibility the Boyfriend actually signed it. If Girlfriend draws the Deed, and then using POA to sign it, then where is Notary’s fault? If I see a POA, which I assume was notarized, which means that the other Notary witnessed the Boyfriend signing it. How can I verify that the POA is real? That is why we do not verify the documents, and just notarize the signature of the signer. I, on the other hand, look at all docs anyway, because I suspect EVERYBODY IN DOING FRAUD. I grew up in USSR, where majority of people tried to screw each other. So, I don’t trust anybody. But I was told so many times that WE ARE ONLY NOTARIZING THE SIGNATURE OF A SIGNER. Unless, that notary also notarized POA, then it is a different story. Otherwise, I don’t see how that Notary screwed up.

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@bluesealtx errors on many levels, but specific to your question as to “where is the Notary’s fault?” - the OP stated

Girlfriend forge’s signature. (Boyfriend cannot write or speak or verbalize his own intentions)
Notary failed to communicate directly with boyfriend ( who is almost comatose only meets with girlfriend)
Notary had Girlfriend sign journal as POA without seeing or verifying POA documents.
Notary did not have signature or verification of any kind of boyfriend,

She did not state the Girlfriend signed as Attorney-in-Fact for the Boyfriend - she stated the Girlfriend forged the signature, meaning Girlfriend signed boyfriend’s name…she THEN had the Girlfriend sign the journal as POA…

As I stated previously, taking this a step further, IF there WAS a valid POA in place, one of the prohibitied acts of an Attorney-in-Fact is executing or changing wills on behalf of the principal. This whole scenario didn’t pass the sniff test from the getgo and any Florida notary worth their salt should have realized something was not quite right here and would have walked away from this deal.

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If the same notary was involved in all deal, then yes, it is clear that was a crime. But if the last notary, who notarized the Deed is blamed in crime then I don’t understand why. Of course, I don’t know Fl laws about POA and Deed, but here in TX people sell properties with POA all the time. Anyway, I am super curious about the outcome. I hope OP will update the story as it develops.

I’m not sure where the DEED entered into this conversation. The only thing I stated is that the WILL was executed naming the Girlfriend as the beneficiary to ALL the assets.

The saga continues and the family is lawyered up.

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Notaries who take this career path seriously would never do that…but there are the chosen few who do

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Thank you for replying to this… No matter how you look at it… laws were broken, processes were not followed and some people going to jail for fraud.

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Well, the notary is getting exactly what she deserves. May sound tough but broke all the rules.

WHOA!

Just WHOA!!! :open_mouth:

This is where the crime took place. So all of the talks about a first notary notarizing Will, seem to me to be more of an indictment of the first notary. The facts as presented state the ‘first’ notary would have never seen the boyfriend sign his own name. As such, (assuming there was a ‘first’ notary because we don’t know if the Will was notarized) then the first notary is negligently culpable in his or her practice, but also in the crime that followed.

I’m assuming this took place in AZ (given the OP is from AZ), that state has no UPL statutes so notaries there are free to review documents for content. While that would’ve helped the alledged second notary by reviewing the POA (If there ever was one), it would make no difference to the alleged ‘first’ notary if the Will was notarized. That said, I agree with @ bluesealtx in part that the problem lies primarily with the alleged ‘first’ notary, but the alleged ‘second’ notary is guilty of just negligent business practices and should be out of business ASAP.

Bottom line, 1st notary= Jail. 2nd notary= Out of Business.

Addressing a couple comments you made…OP said

"A very good friend of mine (daughter of boyfriend in this story)is going after a Florida Notary ( and others) for improper Notarization.

So, took place in FL (my assumption).

and also said notary did notarization

“Girlfriend calls Notary who Notarizes document along with two witnesses.”

I may have missed something but I thought there was only one notary involved

For clarification… this took in Florida and yes the will was notarized.

Yes there was only one notary involved

I’m going to have to look this up and read for myself. I just CAN NOT believe this one. WRONG on all levels.

Oops, you’re right. I was trying to read on the move this morning. So this person notarized the Will without seeing the principle? Wow! Awful!

My apologies for my misreading this morning. Will take the time to read going forward.

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Why does that not surprise me? You have shown how ethical you are on other posts. If you have nothing constructive to add to this topic why are you even on this platform. I ask other readers of this post to not engage you as you are known to most of us as one who try’s to bait people with your bad advice.

That is all I will say on this matter.

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I had a Similar situation happen to me. I was contacted to notarize retirement documents by a family of someone with Alzheimer’s. The sister was in a nursing home. When I arrived at the nursing home, I verified the certified POA that was provided by the family and requested to see the certified copy of the POA on file at the nursing home. I contacted the retirement plan to verify the identification they had on file as well. The family had a passport for the sister as well. The sister was having a coherent day so she recognized her family however she could not hold a pen to sign her name or even make an X. I contacted NNA and they advised me to get signatures of Nursing home director stating the family had POA in my journal. I was able to get the sister to make a line in my journal but nothing more before she got upset. Initially, I was extremely nervous but after speaking with the nursing director, retirement plan and NNA and getting documentation, I felt a little more comfortable. Beware of these situations and always ask questions. If the answers don’t feel right, get out of there.

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@monicaproctor I’m confused as to what occurred here - did the AIF for the patient sign the docs? Why would you need the nursing home director to sign anything? And why ask to see what POA they had on file?

I’m so confused.