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Old 10-04-2010, 02:58 PM   #693
Penske 2.0
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Re: Election 2010: Teabaggin' the Ds & Rs

Quote:
Originally Posted by Cletus Miller View Post
Well, that wasn't what I was getting at, but is another issue.

My point was that the notary is supposed to independently verify that signator is in fact the person who is supposed to execute the doc, but anyone who has dealt with many has seen things notarized with no verification, and county recorders can be absolute idiots about demanding that their state form is used, regardless of where the document was in fact executed (which is a violation of the law in every state and is a failing on the part of the notary, who should be requiring that the proper form for the state of execution be used).

If the notary doesn't say WTF? when there is a defect in the execution/acknowledgement, that's on the notary, not the lender, unless the notary is an employee of the lender being empowered/directed/required to violate the law (which would be the Lender's responsibility). And, if not, and the Lender is still made responsible for defective notary acknowledgements, why have the notary at all? And, in either case, the notary needs to have their license revoked and be banned from re-applying for some period.
I have seen notaries who notarize something without even seeing the person sign it; and without even seeing the person who signed it. the notary I used last week demanded payment in beer. I was okay with that as long as I didn't have to drink with her. No offence.....well, a little offence.
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