How To Proceed If The Notary Lied About Being Present At The Mortgage Signing?
Should we hire an attorney and try to get the mortgage voided? Sue the broker?
Category: mortgage
You can follow any responses to this entry through the feed.
Both comments and pings are currently closed.
6 Responses
talk to an attorney. sounds like a can of worms to me
go for the notary he is the one that did not do the job
Sue the notary for damages he or she caused. Also sue the person who signed if you can find them, if there was a broker they should know who signed your name on the documents.
You may have to go to court to prove it wasn’t your signature.
You should consult an experienced litigator and ask his or her legal advice as to whether your mortgage can be voided if no notary was present when you signed it. If so, then you may have a case worth pursuing. But avoiding the mortgage may not be the appropriate legal remedy for this situation. That’s why you need the legal consultation before deciding on any course of action.
Good luck.
This is Notary Fraud! The documents could very well be “voided”. Contact the Secretary of State and ask to file a complaint against the Notary. Yes you can sue the Notary and the person who illegally used the Notary Journal. Did you know that the person who attended the signing was not the Notary? Sometimes mortgage brokers “borrow” the Notary Journal and have the Notary complete the documents at a later date. This is fraud. A lot of people in the general public do not realize this…Good luck.
You might have mentioned whether all of the principals in the transaction were present and signed. If they all were, it may serve some purpose to sue the notary, but it does not invalidate the mortgage. In principle, if we have any doubt as to the signatures of the principals, there may be grounds for voiding the mortgage.
A Notary acts as witness, and should either party dispute that the principals did sign, the signature of a notary should be taken as proving that it did, provided that the notary would know the parties involved. That is today a rarely true provision. Notaries in general do not know if it is you or an impostor signing even when they were there.
We should require a set of fingerprints for signatures instead of a notary signature.