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September 10, 2012

Another Notary saved by a journal

An Illinois notary tells us this story about how her journal saved a man’s home. One day, an attorney called this Illinois notary regarding a notarization she had made years before. It seems that the attorney had a client whose property address appeared on someone else’s deed, and the bank wanted to take his house! The attorney told her, “I need to know how many pages were in the deed of trust you notarized. The bank wants to take this other man’s property.”

This notary was meticulous about her Illinois notary journal, and immediately saw she had recorded that the deed of trust was 12 pages long. “Are you sure?” asked the attorney. “Positive,” replied the notary. “On this particular loan, for every single page that needed a notarization, I had to supply my own Illinois acknowledgment. There was no Illinois acknowledgment form that came with the package. I recorded all this in my journal.” The attorney then said, “Well, there are 13 pages in this deed of trust…but the address on the 13th page is different than on the rest of the documents.” They were able to establish that the 13th page was not part of that deed of trust, but was an “exhibit,” and that the exhibit that was supposedly part of the legal property description was clearly from another property: the 13th page was NOT a notarized document!

This saved the man’s house; the bank was able to take only the property noted in the 12 notarized pages! After the attorney had requested the evidence in writing and the notary had provided the evidence from her Illinois notary journal, the attorney said, “I owe you a box of chocolates!” And sure enough, a week later, this notary received in the mail a 5 lb. assortment of chocolates. From then on, she has always used a chocolate-colored Illinois notary journal.

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