Is it a Masquerade?

By
Services for Real Estate Pros with Ward County Notary Services

Masked          Desmond quote

A Real Estate story that may give you a different focus on Notaries.

 

Transamerica Title v. Green(89 Cal., Rptr. 915, 11 Cal. App. 3d 693).

 

There were two pieces of property in San Mateo County. One parcel was owned by Joe and Mary Patrakis. The other parcel was owned by Tony and Amy Von Harten. Unbeknownst to their wives, Joe and Tony used the two properties as collateral for a bank loan. To secure the loan, deeds of trust had to be signed by the owners of the properties, as husband and wife, respectively, and their signatures notarized.

 

Joe and Tony went to their attorney, accompanied by two women, whom Joe and Tony claimed were their wives. The attorney introduced the four of them to a notary in the office (who happened to also be an attorney), James S. Green. Notary Green asked all four people if they had signed the deeds, to which all four replied affirmatively. Green notarized the four signatures on the deeds.

It was later discovered the 2 woman were not the wives of Joe and Tony, but were impostors who forged the signatures of Mary and Amy.

 

The loans on the 2 properties fell into foreclosure and lawsuits were filed, and the notary was sued by the title insurance company for his notarial misconduct.

The California Court of Appeals held that the notary’s failure to take the necessary steps to properly verify the signer’s identity makes the notary fully liable for the losses suffered as a result. The Court quoted a prior case: “When the notary does not obey this statute, he should expect to be held liable; and I wish to repeat, these requirements are of great importance to the business world, and not at all too exacting.”

 

Judgment against the notary for misconduct was affirmed.

Posted by

WARD COUNTY NOTARY SERVICES

ROBERT L. TIMM, OWNER

201 Main Street South, Suite 116

 Minot North Dakota 58701

Bob Timm,  Facebook

Call or text 701-720-8513

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Rainmaker
3,067,863
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Happy Monday Bob,  What were Joe and Tony thinking about.  I also figure the notary would have to check the ID's

Apr 15, 2019 08:17 AM #1
Rainmaker
1,564,805
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

I can only guess that Joe and Tony knew these girls well Will Hamm . I'm thinking the judge came down hard on the Notary because he did not check their ID or was even in on the scheme.

Apr 15, 2019 08:20 AM #2
Rainmaker
1,404,170
Kat Palmiotti
Grand Lux Realty, Monroe NY, 914-419-0270, kat@thehousekat.com - Monroe, NY
The House Kat

Anytime I've ever had anything notarized, I had to show my driver's license which has my photo on it. Not doing so would have been a big oops!

Apr 15, 2019 08:24 AM #3
Rainmaker
1,564,805
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

That's a big "for sure" Kat Palmiotti . I had a tough one yesterday when a lady came in with an ID from 1961! She looked 16 on the photo and 101 in person. I had to ask her a lot of questions to verify her ID and I would have refused her had the doc had financial implications to it.

Apr 15, 2019 08:36 AM #4
Rainmaker
3,241,809
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Hello Bob - is this an example from Notary 101? Yikes.  

Apr 15, 2019 10:05 AM #5
Rainmaker
1,564,805
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

I'd say it is Michael Jacobs but if the Notary was not in on it and they gave him fake ID's then it may be part of the advanced class .

Apr 15, 2019 11:17 AM #6
Rainmaker
2,827,881
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

Morning Bob.

Never and I repeat never, will I notarize any document without first reading it, getting proper identification, on those who signed the document, before I'll put my John Henry on it.

Apr 16, 2019 01:10 AM #7
Rainmaker
5,264,692
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

This case should certainly get the attention of those serving as a notary public!

I wonder if they carry E&O insurance.

Apr 16, 2019 06:43 AM #8
Rainmaker
1,564,805
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

As I see it that is the only way to do it James Dray 

Apr 16, 2019 06:54 AM #9
Rainmaker
1,564,805
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

In Notrh Dakota we have to be bonded but it's for a very small amount Roy Kelley . I have kept my E&O as a retired Realtor because I know how important it is.

Apr 16, 2019 06:56 AM #10
Rainmaker
2,476,120
Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

That is frightening.  I've not ever gone before a notary with clients, that the notary didn't ask for a form of solid identification, usually a driver license with photo, for verification.

Apr 16, 2019 02:30 PM #11
Rainmaker
1,564,805
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

I'm thinking the Notary must have been rewarded in this transaction or the judge would not have leveled such a large fine on him Myrl Jeffcoat 

Apr 16, 2019 05:53 PM #12
Rainmaker
3,174,854
Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Bob going a step further what was the likelihood that the Notary had enough Insurance, Collateral, Savings anyway you get the idea that the persons wronged would be able to collect on the judgement? Just food for thought....Endre

Apr 16, 2019 11:43 PM #13
Rainmaker
1,564,805
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

Knowing that those who sue go for the money you may be right, the Notary had the most insurance so why not go after him. Thanks Endre Barath, Jr. 

Apr 17, 2019 05:50 AM #14
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Rainmaker
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Bob "RealMan" Timm

Owner of Ward Co. Notary Services, retired Realtor
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