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January 17, 2011

A Massachusetts Notary Speaks Out. A coerced signature.

Filed under: Technical & Legal — Tags: — admin @ 12:02 am

A few days ago I spoke to a Massachusetts Notary Public on our list. She told me that there are some strange laws out there that almost got her in trouble. She had to appear before a judge due to a Notarization gone wrong. The wife was forced to sign by the husband and she didn’t really want to. I think they were from a foreign country where men boss people around because American men know what will happen to them if they boss people around.

Unbeknownst to me, there is an unusual law in Massachusetts where for some or all Notarial acts, the Notary must ask the signer (or ask the signer to swear — forgot which) if they are signing on their own free will.

I have never heard of a signer being coerced to sign in America. In India it happens a lot when people want to steal your property.

The judge made the Notary promise to always make the signer claim that they are signing under their own free will otherwise their commission would be revoked. Yikes. But, that is not a bad law.

I wonder why we don’t have that law in California. We have all types of other nonsensical laws. Hmmm.

Acknowledged signature
Witnessed signature
Forged signature
UnCoerced signature

So, now we have a new notary act — an uncoerced signature. That should be its own act not to be confused with an acknowledged signature.

The moral of the story is, if you notarize strange foreigners where the men think that men can still act like men and get away with it, beware, they might be forcing the females to sign.


1 Comment »

  1. I am a Massachusetts Notary Public. As a matter of course I always ask
    1) Do you know why we are here today and what you are signing.
    2) Do you understand what your signing this document will do
    3) Are you signing this document of your own free will and volition and without coercion from any other person.
    If the signer cannot answer affirmatively to all questions I will not notarize the document.

    Only once have I been called before a judge to testify regarding a document I notarized and after I explained that I ask these questions each and every time, the judge decided that there was no contest.

    Comment by Mark Weisberg — November 13, 2017 @ 4:27 pm

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