Penalties for notary misconduct, crimes, and misdeeds
I very rarely hear about notaries engaging in any type of illegal activity or illegal notarizations. The normal problem with notaries is lack of skill, neglegence, or bad tempers in a few cases. I have only heard of one notary that engaged in a serious crime, and he went to jail. This blog entry will discuss various types of notary misconduct and types of penalties for this misconduct in California. Please keep in mind that the notary rules are different in each of the 50 states, and that notary rules are also always changing. However, if something is illegal in one state, there is a high chance that it will also be illegal in your state — although the penalties might be different. The information here is time sensitive and could change at any time. These are listed in the order of which I feel they are important to mobile notaries.
Asking a notary to do an improper notarization.
This is a misdemeanor. If it involves real property, then it is much more serious. Clients might ask you to notarize them using a different name variation that is not documented, or put a false date. This is illegal. They are guilty for asking you to do this, and you will be guilty if you give in to their pressure. If you have driven thirty minutes to a job, you have a beneficial interest in notarizing their document unless you have gotten your travel fee up front when you walk in the door. So, legally, you MUST get your travel fee BEFORE you see the document, or are informed who the signers are, or see their ID, because a conflict of interest can easily happen. If someone asks you to do something illegal, you can threaten to report them to the Secretary of State’s office. This is a serious crime and you should treat it as such.
Issuing a false certificate
A notary who issues false certificates, and this could include backdated certificates would be guilty of a misdemeanor. A false Acknowledgment certificate constitutes FORGERY. Additionaly, the notary could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident.
Failure to Identify a Credible Witness
A fine of $10,000 per incident could occur if a notary fails to check a credible witness’s identification documents and see that they have acceptable identification.
Failure to get a thumbprint!!!
This is my favorite. Thumbprints are critical for identifying a signer if fraud is suspected. Powers of Attorney and Deeds require a journal thumbprint in California. A fine of up to $2500 per incident would be the penalty.
Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspention of a notary commission, or refusal to grant a commission.
Felony Convictions
If you have a felony conviction or have been convicted of a crime involving dishonesty or moral turpitude, you will most likely not be allowed to get a notary commission in the first place. If you already had a notary commission, it would be suspended or revoked the minute your state’s ntoary division finds out about it!
Professional Misconduct
This refers to dishonesty in your professional activities. The penalty would once again be suspension, revocation, or refusal to grant a notary commission.
Failure of Duty
This means that you refuse to serve a member of the public who has a legitimate request for a notarization. However, if the signer doesn’t have proper identification, or doesn’t have a properly filled out document, or seems very questionable, you have the right to refuse service to such a client. The penalty would be refusal to grant a notary commission, suspension, or revocation of a notary commission. Additionally a fine of $750 could be imposed on the California notary public.
Falsely Acting as a Notary
This is a misdemeanor
Making false statements to a notary
Anyone who induces a notary to make an improper notarization with regards to real property can be found guilty of a FELONY. This is the most serious type of fraud possible in the notary profession.
False or misleading notary advertising
Making false statements in notary advertising is illegal, and the penalty for California notaries is $1500 per incident. Additionally, such a notary’s commission could be suspended, revoked, or there could be a refusal to issue a commission. Claiming to be an immigration expert, or be able to give legal advice could be a serious example of false advertising.
Selling personal information
If the notary sells or misuses personal information of those he/she has notarized, that is illegal as well. Remember to keep your journals locked up, so that nobody can have access to that information. When making copies of journal entries, make sure that the neighboring journal entries are covered, so that their information is not shared with the public. Once again, your application could be denied, or your commission could be suspended or revoked for such a crime.
Misstatements on a notary application (Application misstatement)
Your notary commission could be suspended, revoked, or refused if you are guilty of this misconduct
Here are some other crimes… I will just list them here, but may or may not describe the penalties.
Failure to deliver a journal to the county clerk at the end of your commission. – misdemeanor
Failure to safeguard seal and journal – revoke/suspend/refuse
Failure to report a lost or damaged seal – $1500 fine
Nonpayment of judgement / Refusal to pay child support – refusal to issue a commission
Failure to keep a journal – such notaries will be prosecuted
There are a few others laws that I am not going to mention, but these were the interesting ones…
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http://blog.123notary.com/?p=212
All you need to know about notary work
http://blog.123notary.com/?p=2354
How to complain about a notary public
http://blog.123notary.com/?p=2179
Penalties for notary misconduct and fraud (2018 version)
http://blog.123notary.com/?p=21315
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Power of Attorney at a nursing home
Power of Attorney signing at a Nursing Home
This was a signing that was doomed from the beginning. I was a relatively new notary, and hadn’t been burned enough to have any sense. I was like the cat who hadn’t learned to be wary of crossing the road. On the other hand, during my childhood, we had a cat who regularly sat right on the yellow line in the middle of the road. Let’s just say that she had a good sense of timing. My timing unfortunately wasn’t so good this time, and neither was my judgement.
A call from a convalescent home
It was a call from a lady in her late fifties. She seemed like a very normal person. She was taking care of an elderly lady who had nobody. Of course, when I got the call, I didn’t have the sense to ask who was going to pay me or how they were going to pay me. This job was so bizarre, that even the most experienced notary has probably never seen anything like it. So, I went to the nursing home and went in the door. This place was horrible. People were screaming and moaning all the time. Plus the stench was horrible. The nurses didn’t want to open the windows because they didn’t want bacteria coming in. My news for them is that there would be more bacteria going out than in if they opened the window.
A walk down the hallway.
“Help me…. help me…. will you help me?”. An old bedridden lady wanted to be turned over. I am not skilled at pampering the elderly, and the nurses were ignoring these helpless victems. A crazy old man tried to make conversation with me walking down the hall. This hallway should be called the hall of desperation. I got to the correct room number finally. If only I had brought an oxygen tank so I wouldn’t have had to breath in there. The lady in her 50’s wanted me to have the elderly lady sign a power of attorney document. Neither one of them had a clue how these documents worked. They needed my help filling it out and I told them that I don’t offer legal advice. So, I had to wait while these crazy ladies took thirty minutes to do what they should have had prepared long before they called me. I neglected to ask them if their document was complete by the way.
The finished power of attorney
They kept asking me what to do. I kept saying, “you need to talk to an attorney”. I asked them why they had me come all the way down there when they were not ready to sign a completed document. I had to teach them what a grantor and grantee was. I told them that in this other place, they should write what the powers the grantor is assigning to the attorney in fact (grantee). That helped get them through this daunting task. Finally, the document was done. The old lady could hardly sit up, let alone write anything. She wrote some chicken scratch which was not even ledgable. I had to do a signature by X with two subscribing witnesses with her. Finally, we were done.
The payment
The attorney in fact got out a checkbook and proceeded to pay me. I said, that the check didn’t belong to her, but to the old lady. The lady in her 50’s said that she had been granted the power to do financial transactions for the older lady and would use the old lady’s check book to write me a check. I didn’t like this idea. I said that I wanted to be paid in cash please. Neither ladies had a dime on them. So, I took the check, and needless to say it bounced.
Insist on cash
If you do a jail or hospital signing, you will be dealing with very unreliable people a very high percentage of the time. Get your travel fee upon walking in the door before you even meet the signer. If for any reason you can not complete the signing, you at least have some cash in your pocket. Knowing how to do a signing by X is a valuable skill that experienced notary publics use if you work with the elderly.
You might also like:
12 questions to ask at hospital notarizations
http://blog.123notary.com/?p=20519
Rules for notarizing a bedridden person
Do you like your job? A major headache of a hospital job.
Dragging the person’s arm