My mom thought nothing of the knock on the door, until she opened to find a police officer with a subpoena.
“You’ve been served with a mandatory court appearance,” the officer told her.
For my mom, who has been a Florida Notary Public and Notary signing agent for over 12 years, this was a first. Anyone who has done a signing knows that this is every Notary’s worst nightmare.
A Notary's reaction
Startled and concerned that somebody thought she had done something wrong, she immediately contacted the attorney listed on the subpoena. The attorney informed her that she had been the NSA for a refinance closing in 2013, and the signer was now involved in a federal grand jury trial. The signer had been accused of committing mortgage fraud for over $500,000.
The attorney explained that my mother had not done anything wrong and was not in trouble; she simply needed her to testify in court during the trial. Still, it was unnerving.
The attorney briefed my mother about the questions she planned to ask:
- Did you meet with the signer for the closing?
- Did the signer present you with a valid form of ID?
- On the date of the signing were you indeed a commissioned Florida Notary Public?
The attorney also said she would show my mom the mortgage document and ask if that was her signature.
Preparing for the trial
In preparation for the trial, my mom looked through her Notary journal to confirm that she had indeed handled the signing for accused signer. She looked through her emails to find the confirmation from the signing company that had hired her. She called the signing company to double-confirm the signing had occurred and she asked them to confirm that a copy of the borrowers ID was in the signers file. It was.
Fortunately she keeps organized records and saves all signing confirmations, so she could look back and reference them before the trial. While she did not need it, it also was comforting to know that her errors & omissions policy would have protected her had a claim been levied against her.
The court date was scheduled, and my mom got ready to attend. Luckily the day before the trial, the attorney called to say that she no longer needed my mother to testify because the signer had pleaded guilty to all the charges.
An important reminder
As Notaries and signing agents, we deal with many important legal documents. Even if we follow all the laws and keep an amazing Notary journal there will always be bad people trying to break the law.
This is a great reminder to always ask to see the signer’s valid form of ID, follow the Notary laws and keep proper records because you never know when you’ll be the one getting a knock on your door to appear in court.
Amanda Doumanian Reeves has worked as a mobile Notary in Tallahassee, Florida, for five years and helps run a thriving business, A Notary on the Go, with her family.