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Law Updates

Jan  01,  2012  - Michigan
MI Senate Bill 43 - Senate Bill 43 sets in statute a robust definition of residential mortgage fraud for the first time in Michigan, a state hit hard by such fraud in the last five years.

Jan  01,  2012  - Michigan
MI House Bill 4462 - House Bill 4462 is another new law aimed at punishing persons who knowingly commit real property crimes. Under the new law, a person who falsely makes or utters or publishes as true, forges or counterfeits a deed, discharge of mortgage or a power or letter of attorney or any document that affects an interest in real property with intent to defraud another person may be prosecuted of a felony and sentenced to prison for up to 14 years.

Jan  01,  2012  - Michigan
MI House Bill 4492 - House Bill 4492 enacts sentencing guidelines for various criminal acts including two specific Notary-related offenses, performing a notarial act while the commission is revoked, and violating the Michigan Notary Public Act in a transaction involving conveyance of interest in real property.

Oct  22,  2011  - Washington
WA Senate Bill 5023 - Senate Bill 5023 contains extensive prohibitions against nonlawyers and other unauthorized persons from providing legal immigration-related services, including provisions forbidding a person who is not an attorney from representing that he or she is a Notario Publico, Notario, or immigration assistant, consultant or specialist. The bill also specifically prohibits a nonattorney Washington Notary from using these terms when advertising Notary services.

Oct  20,  2011  - Michigan
MI Senate Bill 251 - Senate Bill 251 puts in place a statute of limitations for certain real property transactions involving mortgage fraud, false pretenses, forgery and “uttering or publishing an instrument affecting an interest in real property.”

Oct  01,  2011  - Montana
MT Senate Bill 95 - Senate Bill 95 exempts a Notary seal impression made with an embosser on a document with an acknowledgment certificate from the minimum margin formatting requirements for documents submitted to the office of a county recorder as stipulated by statute.

Oct  01,  2011  - Nevada
NV Assembly Bill 88 - Nevada enacts the Uniform Unsworn Foreign Declarations Act (UUFDA). The UUFDA permits a person living or traveling outside of the U.S. who must sign a sworn statement to make the statement under penalty of perjury without having to appear before a Notary or U.S. consular officer to take an oath or affirmation.

Oct  01,  2011  - Mississippi
MS House Bill 606 - Mississippi now gives motorists the option of applying for a 4-year or new 8-year license to operate a motor vehicle. All Notaries should be aware that effective October 1, 2011, some Mississippi driver’s licenses presented as satisfactory evidence of identity may be valid for 8 years.

Oct  01,  2011  - Montana
MT House Bill 374 - Montana enacts the Uniform Power of Attorney Act, granting a power of attorney created under the Act a presumption of genuineness if it is acknowledged before a Notary or other officer authorized to take acknowledgments, and providing a statutory power of attorney form.

Oct  01,  2011  - Montana
MT Senate Bill 337 - Senate Bill 337 redefines the term “affidavit throughout the Montana Code Annotated to include written statements signed under penalty of perjury. SB 337 will lessen the number of jurats performed before Notaries. However, an unsworn declaration may not be made with respect to any document or writing requiring an acknowledgment, deposition, oath of office, or oath required to be taken before a special official other than a Notary Public.

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