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Why the "bad guys" continue to get away with things...FRAUD=BAD

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Services for Real Estate Pros with "A Quick Note" ...in Tennessee! Expires May 16, 2023

I recently was approached by an unethical person who apparently wished to engage a Notary, ...any Notary, in an endeavor whereby the act of notarization itself made the document a fraud.  He apparently knew that this was an illegal act, and was fishing for a sucker so that he could say to others: "Look how many idiot notaries I've caught with my dumb trick".  It was a situation where he was doing it either for laughs or to prove how clever he was...

                                         Old Newspaper

Attempting to induce a Notary into committing fraud is in and of itself a crime.  The issue seems to be one of "damage" and, at least in my mind, principles.  At the time of this incident, my biggest concern was that I act in a manner that was professional, lawful and whereby my actions would be seen as having acted properly.  I contacted the Secretary of State to ascertain my duty in the matter and at their request, forwarded copies of all the evidence I had in my possession along with an explanation.  That was several months ago and I haven't heard even a peep.  I never like it when the bad guys get away with it...

                                         Button Cross

Occassionally, notaries are approached to back-date a document by a mortgage broker anxious to close the deal-usually at the end of the month.  I decline all such inquiries and add that asking a Notary to do such a thing is a "NO-NO" and it is sometimes called FRAUD.  I have both ended and created many working relationships by refusing to color outside the lines.  Honestly, I'd rather take the high road...even if it takes a little longer to get there.

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Richard Pollak
self - Alvin, TX
I live in Texas a Notary here needs only buy a seal! Free enterprise is argued for the seal makers by the way. Justice is costly, I spent $17,500 appeal binder for not. Please check my post below {It's 5 years long} had damages been awarded, Lenders would have amended away bookeeping frauds! 
Mar 20, 2008 08:36 AM
Diane Bell, Hilton Head Real Estate, Bluffton
Charter 1 Real Estate, Hilton Head, Bluffton, SC - Hilton Head Island, SC
I knew that laws for Notaries used to be loose but were tighened in the last few years.  Maybe not enough??
Mar 22, 2008 08:18 AM
Shannon Ziccardi
"A Quick Note" ...in Tennessee! - Clarksville, TN
"A Quick Note" Mobile Notary ...in Tennessee!

Richard- Sorry, I'm with Linda on this one...just not following you...

Linda- Yes, I feel your pain...I've felt that glare of a LO too when an ID was well beyond expiration.  Here in CA where "personal knowledge" is no longer valid ID, we have a huge responsibility.  Especially since we are doing so under penalty of perjury...

Diane- As Richard eluded, different states have very different standards and requirements.  Here in California, we have seen the tightening you mention...probably more than many other states..

Thanks all for your input!

Shannon 

Mar 24, 2008 09:29 AM