This is article “Notarization is key evidence in alleged Graceland foreclosure scam” is an interesting read. It points out the importance of keeping an accurate notary journal. In the article an Notary Public Official had to submit an affidavit, acknowledging that she didn’t sign or hadn’t ever met the signer. Just think about it, the existence of our signatures and stamp are on documents outside of our control. Our signatures and stamps with today’s technology can easily be fraudulently manipulated without our knowledge. Notarization is key evidence in alleged Graceland foreclosure scam | NNA
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The most mitigating factor was the certificate wording used on a document ‘notarized’ in 2018 didn’t exist until 2020.
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I totally agree with you, but isn’t it interesting even with that mistake, it didn’t get caught sooner.
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How could it get caught? They never recorded it.
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I get the impression from news stories this would have been a non-judicial foreclosure, which means the foreclosure doesn’t have to go through the courts. I’m glad that doesn’t exist in my state.
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Since I am not an attorney and out of the curiosity. I looked up the process of initiating a foreclosure, there seems to be at least 7 steps (https://upsolve.org/learn/7-steps-nonjudicial-foreclosure/). So in each of those steps is the opportunity uncover such fraudulent actions. In our role, we have a chance to uncover fraud, by noticing people’s behavior, viewing signer’s identifications, and viewing the documents for any potential errors. In the article case, the Notary Public wasn’t part of the process, so it up to the financial institutions, county clerk offices, and courts. It’s our awareness of these types of situations that helps us in our duties.
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Viewing the documents? In Virginia the notary is to ensure that the signer(s) understands what they are signing, signing willingly, valid ID, no blank spaces. Reviewing documents for errors is for attorneys.
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We have non-judicial foreclosures in Texas. This is why we have a Deed of Trust for properties with a mortgage lien. Once the loan is paid off the Title Company issues a normal Deed.
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I have been waiting for Graceland comments to be posted. Along with not seeing notary stamp also noticed language on documents “faught sayeth naught”. When I began signing, looked up this old terminology and usually used midwest and east coast docs. In WA have had a couple of signings with older folks that had liens placed against their property without their knowledge. Fraudulent liens seem to be happening more frequently. One couple had windows installed from professional company but never received lien waiver after paying company. Window company filed lien improperly. After flipping homes all work/materials from vendors in writing and upon payment must receive lien waiver and put this language in our agreement. CYA
Looks to me like a couple of not very knowledgeable people thought they could get away with a ‘clever scam idea’…and when their not-so-clever paperwork came to light decided to fold their tent and try to quietly exit stage left & hope nobody goes after them for fraud.
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“Along with not seeing notary stamp …” Not every state requires a notary stamp.
Stamp & Seal Requirements | Notary Supplies Package | NotaryBonding.com
If you pore through the electronic notarization regulations (both IPEN and RON) I believe you will find some additional states that don’t require official stamps for electronic notarization. I believe this is because some documents that are able to be electronically notarized only support text, not graphics.
Graceland documents showed Florida notaries name and FL does require a notary stamp on documents.
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