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3 Court Cases Every Notary Should Know

In this video from NNA 2019, attorney and Notary Mike Phillips discusses 3 court cases where a Notary committed a serious error, examines where the Notary went wrong and shows how other Notaries can avoid similar mistakes and their consequences:

  • Bessenyei v. Vermillion: A 2012 case where a Notary was instructed to notarize a businessman’s signature on multiple documents while the signer was away on an international trip.
  • Vancura v. Katris: A 2008 case where a Notary improperly notarized a person’s signature on a mortgage assignment without the signer being identified or physically present for the notarization.
  • Galetta v. Galetta: A 2013 case where the validity of a notarized prenuptial agreement was challenged during a divorce due to certificate wording on the agreement missing some language.

Each year, the NNA’s annual Conference for Notaries features workshops and seminars by leading experts in the Notary field. Registration for NNA 2020 in Scottsdale, Arizona is now open.

 

4 Comments

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ADELITA O KING

09 Dec 2019

I NEED AN IFORMATION AT MY PERSONAL E MAIL

Betty Dedman

10 Dec 2019

I think if we all use "Best Practice" these scenarios in our own Notary lives are easily avoided. Let's start with Galetta v. Galetta. If the documents were drawn up by an attorney and language was missing, then the attorney is at fault. If, on the other hand, the notary neglected to print in his/her name, "'comma', Notary Public" as is expected on many signature/name affidavits, then the Notary is sloppy and bad practice caught up to him/her. For the other court cases, i am truly astonished. EVEN THOUGH I have seen many training videos that suggest that once i identify a signer the signer doesn't NEED to sign in front of me?!?!? That is very bad practice, and I insist that Every Time I notarize a document I watch the signer(s) sign in front of me. If I don't not, I inVITE the possibility of fraud. Why EVER would someone signing a document leave the room to do so? My old CPA was a Notary Public and he would often notarize anything set in front of him. Since he has passed away I doubt there will be any criminal charges brought against him.

Wolf Leonard

11 Dec 2019

If the notary neglected to print in his/her name, "'comma', Notary Public" as is expected on many signature/name affidavits, then the Notary is sloppy and bad practice caught up to him/her. >>> Pls explain

Richard bronge

14 Jan 2020

Thank you always enjoy reading

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