Knowing a signer is being untruthful

It’s not our job to get the truth, but if you KNOW that the document before you contains a false statement, and you notarize it anyways, that’s a crime in some states. Georgia, for example.

We’re here to Notarize a document. Whether or not the information in the document is true or not is none of our business. You’re stamp is simply saying that either the borrower signed, or that the BORROWER claims that the info in the document is true. I’d complete the signing, do my scan backs, and send the package off. The borrower is committing fraud, not you.

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I think you might want to go back and study a little more… It’s our job as a Notary Public to prevent fraud.

What do you suggest I study a little more? Is studying my state’s LAWS not enough? Page 17 of The NNA’s Handbook for Michigan Notaries aka The Michigan Notary Primer states, and I quote: “It is NOT the duty of the Notary to verify the truthfulness OR accuracy of the facts in the text of a document” … It goes on to say that if the actual document itself is a fake document we have a duty to not notarize it and report it to the appropriate authorities. So once again I ask, what do you suggest I read if the LAW isn’t enough?

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My first response to this is “ditch the primer” - those primers are historically fraught with errors and bad info - I had one when I started here in FL but got rid of it when I discovered various portions that gave info that went against FL notary law. Your best bet is rely only on your Michigan notary laws…instead of relying on the interpretation of an outside third party.

That said, you’re right, it’s not your duty to verify the truthfulness of each and every statement of, for example, an affidavit. However it IS your responsibility to have your signers read the document and swear under oath that the statement contained in it are true. That’s all you can do.

And as to this…" It goes on to say that if the actual document itself is a fake document we have a duty to not notarize it and report it to the appropriate authorities" - please explain to me - if you can’t verify the truthfulness of statements in a document, how are you to know that a document is false? Would that not be YOUR assumption that the document is false? Your only verification is from your signers.

Off my soap box…for now. :slight_smile:

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“Fake” not “false” two different words with two totally different interpretations (in this context)
I’m sorry to hear you were misguided by the Florida Primer. I studied the Michigan notary laws before I ever picked up the Michigan Primer and so far they are pretty much in agreeance. So thanks for the advice but I’ll keep my Michigan Primer, the “interpretation of an outside third party” , and continue my education.

Fake/false

I misspoke… but I’m pretty sure you knew what I meant.

Perfect. I would add that I would tell the LO, escrow (as they verify employment), and if pertinent the signing company (as a courtesy, because they would be my client).

As a Licensed Private Investigator, I disagree with Notaries finding documents to be “false” or “misleading” in any way. As a notary in Ohio, I understand the difference between “false” and “fake”. However, unless the document is saying that it’s Joe Smith’s statement and the person before you is Jane Jones then I don’t see the qualification of a Notary to say the document is fake, absent calling Title or the lender to determine if the name isn’t a typo.

Should that happen and Title or the Lender states that the name IS NOT a TYPO, then as a Notary Public, the document can not be notarized and the instructions from either Title or the Lender would be to stop the signing and leave. At that point, it’s up to either Title or the Lender or both to contact their legal department who in turn would call an investigator to look into the matter.

Yes, I’m looking at it from a financial standpoint for myself and other investigators but also from a legal one. Most police departments don’t have the resources to look into matters like this and prefer to have a qualified professional put the evidentiary package together for them and be able to testify to the RS and PC that lead them to investigate the matter and HOW they gathered the evidence. In these cases, which are paper-intensive cases, you can’t have the notary (who also may be called to testify) wearing TWO HATS. Even though I’m in Ohio, this is something that’s true for most states. This is Crim Law 101, and just about every police officer nationwide knows this.

The bottom line is that if the Notary is doing anything beyond his/her duty as a NSA, then they could jeopardize any subsequent case that law enforcement could have against the defendant.