Notary who closed loan licensed in different state, is this ok?

[Social Apocalypse]

One thing I noticed at the beginning on our closing docs, is that the Notary who presided over the signing (consumation) of our loans, was licensed in our neighboring state... Oregon. We are in Washington, as is our residence and the contracts we signed.

Is this ok, or should I add that to the list of violations?

She is NOT licensed in our state at all. Do they have reciprocity or??

She also crossed out the COUNTY on all of our docs and hand-wrote in the county that we are in... but she neglected to do this on a couple of them (probably an oversight).

Is that a violation or am I picking at straws?

Thanks!

[Nathan Fransen Esq.]

Notary is typically for the protection of the lender. They are to make sure that you are the on signing the docs....

sorry - sounds like a straw...

[Social Apocalypse]

Thanks Nathan, I knew I could count on you!
Just thought I'd check.
Thanks for helping us straw pickers!

[faith]

Originally Posted by TB98629

One thing I noticed at the beginning on our closing docs, is that the Notary who presided over the signing (consumation) of our loans, was licensed in our neighboring state... Oregon. We are in Washington, as is our residence and the contracts we signed.

Is this ok, or should I add that to the list of violations?

She is NOT licensed in our state at all. Do they have reciprocity or??

She also crossed out the COUNTY on all of our docs and hand-wrote in the county that we are in... but she neglected to do this on a couple of them (probably an oversight).

Is that a violation or am I picking at straws?

Thanks!

NO, a Notary Public can only notarized loan documents to the State where he resides. It is also fraudulent and forgery knowing that the parties to sign were physically not in the state of licensure. For example, A NY notary qualified in any county within NY state can notarize a signature anywhere in NY state. In order to notarize in another state they must be qualified to do so in that state.

A notary public is required by law to notify the Secretary of State in writing, by certified mail within 30 days of any change of address. Govt Code section 8213.5. Upon the change of address to a new county, a notary public may elect to file a new oath of office and bond in the new county. Once a notary is commissioned, a notary public may perform notary public services everywhere in the state where he resides. A notary can not notarize a document without you and your spouse present.

Being a notary public is a very difficult job because they are subject to lawsuit in all the mistakes that they do. I don't think that the Notary Public will make such careless action for him to be open to lawsuits. It may seem that this job is easy but no it's not. A Notary Public is dangerous because anyone can sue them if they make mistakes, for what for $10 signature and maybe make $300 for a loan documents, so that the bank can sue them also if they make a mistake? I don't think so. I will trust a Notary Public but not some of the lawyers. But then again, I have not met a crooked Notary Public because I know there is none, careless yes, crooked No.

The links below may help you understand the duties of a notary public.
What You Need to Know Before You Hire a Notary Public in California

RCW 42.44.010: Definitions.

RCW 42.44.020: Qualifications ? Application ? Bond.

http://search.leg.wa.gov/wslrcw/RCW%...%20chapter.htm

God bless you and take care.

[Social Apocalypse]

Faith thank you.

I kind of thought it was wrong since there are different laws, but what do I know?

I am in tears right now because the attorney that I had been working with to handle my bankruptcy just said he didn't have time to work with me when I asked him if he could handle stripping my second lien in a Ch 13. I just keep falling down, my knees are bloody.

The kindness of your careful and HELPFUL answer was very timely, as I just got the email from my attorney. All the wasted time and money for consultations. It's killing us... we just can't seem to get going on anything.

My heartfelt, most sincere gratitude, Faith. Thank you.

[Nathan Fransen Esq.]

Ok let me chime back in on this one.

There are many actions taken by professionals that are wrong, against the law, etc. The issue for the consumer, is what claims are available to them. To be fair, i was a notary public prior to becoming an attorney, and i do understand the critical role they play and often oversimplified view the public generally has of them.

That being said, I have also sued many Notary Publics. Generally the cases are not good for the homeowner. The issue comes down to one of causation. Assume a notary was not present during a signing and then allowed a loan officer to use their stamp. This is/was common practice in some offices. Of course it is highly improper and against specific statutes. Still, what can the homeowner sue for? If the homeowner signed the documents, than they will not be able to claim damages as a result of the notary 's conduct. This is a frustrating point, but a very real and true issue.

I point this out because I know homeowners come across groups, some of which have lawyers involved, that claim certain violations, or improper acts will give the homeonwer relief. This false hope is then preyed upon by these groups and homeowners shell out hard earned dollars for little more than snake oil.

Like i said, I have sued notary publics and it is typically fruitless. The bond company will fight even in the face of obvious liability.

One more poing about notaries. I mentioned that we often under-estimate their role. In fairness, they do as well. In CA, a notary takes a 1 day class and a 30 question test. Many notaries are far too loose with their responsibility, but perhaps it is inpart due to the ease of which to get the commission. Notary misconduct is a real problem, but largely one that needs to be dealt with by the criminal agencies.

Best Regards,

[Social Apocalypse]

I think it's funny that the people I am NOT paying are helping me more than the people I AM paying.

Thanks Nathan;

And just to be clear:
We were SITTING in an office IN Oregon, signing docs FROM WASHINGTON.
The Notary was licensed in Oregon, and the Docs we signed stated that they were being signed in Clackamas (Oregon) which, MOST of the time, she crossed out and wrote "CLARK" (Washington). On a couple of docs, she didn't cross out "Clackamas".

I am sure it won't help, but I did think that it was a little odd. For example, we were asked to sign a TILA disclosure that was reproduced and dated a month prior to the signing that we had never seen before. They made us sign it. I feel foolish, knowing what I know now, but I would think that the notary would have known that this was NOT RIGHT.

My husband never saw or signed a SINGLE DOCUMENT until the closing table. I could write a book. But I can't find an attorney to help me.

OH and I even found a LENDER (private investor) to tender my loan!! When it rains is pours.

Thanks so much.

[faith]

Originally Posted by TB98629

Faith thank you.

I kind of thought it was wrong since there are different laws, but what do I know?

I am in tears right now because the attorney that I had been working with to handle my bankruptcy just said he didn't have time to work with me when I asked him if he could handle stripping my second lien in a Ch 13. I just keep falling down, my knees are bloody.

The kindness of your careful and HELPFUL answer was very timely, as I just got the email from my attorney. All the wasted time and money for consultations. It's killing us... we just can't seem to get going on anything.

My heartfelt, most sincere gratitude, Faith. Thank you.

TB98629,
I am very sorry about your situation. Did you at least ask him to recommend you to someone he knows that won't charge that much.? Have you tried to call NACA?

Kevin Winn 617-250-6222 x 254, NACA supervisor

I've searched the net about how to strip your 2nd mortgage but this is all I found:

Communiversity Foreclosure Workshop

You Can Modify Or Lien Strip Your Wholly Unsecured Second Mortgage In Chapter 13 Under The Current Law : NY Foreclosure Law Blog

Give your worries and concern to Him who knows best of what to do.
Call on Him and He will show you great and mighty things which you do not know. For God has plan for you, plan to prosper you, not to harm you but gives you Hope and a future.

Take good care of yourself my friend and Peace be with you always.

You will always be on my prayer list.

Sincerely,

[faith]

Originally Posted by Nathan Fransen Esq.

Ok let me chime back in on this one.

There are many actions taken by professionals that are wrong, against the law, etc. The issue for the consumer, is what claims are available to them. To be fair, i was a notary public prior to becoming an attorney, and i do understand the critical role they play and often oversimplified view the public generally has of them.

That being said, I have also sued many Notary Publics. Generally the cases are not good for the homeowner. The issue comes down to one of causation. Assume a notary was not present during a signing and then allowed a loan officer to use their stamp. This is/was common practice in some offices. Of course it is highly improper and against specific statutes. Still, what can the homeowner sue for? If the homeowner signed the documents, than they will not be able to claim damages as a result of the notary 's conduct. This is a frustrating point, but a very real and true issue.

I point this out because I know homeowners come across groups, some of which have lawyers involved, that claim certain violations, or improper acts will give the homeonwer relief. This false hope is then preyed upon by these groups and homeowners shell out hard earned dollars for little more than snake oil.

Like i said, I have sued notary publics and it is typically fruitless. The bond company will fight even in the face of obvious liability.

One more poing about notaries. I mentioned that we often under-estimate their role. In fairness, they do as well. In CA, a notary takes a 1 day class and a 30 question test. Many notaries are far too loose with their responsibility, but perhaps it is inpart due to the ease of which to get the commission. Notary misconduct is a real problem, but largely one that needs to be dealt with by the criminal agencies.

Best Regards,

Nathan,
I agree with you. Most of the notary public I know is very careful, diligent and hard working people. As I said, I've never encountered the ones the you've mentioned here. I know it needs to be changed. For example, the 1 day class and a 30 question test, the test could be on line and in person. The charged varies from $40 a class or $250 a day in a hotel. I have to enrolled twice and bought a lot of books to grasp everything. They told us in that $250 class that we will be making a lot of money. But I never make a lot of money and I am very careful in doing this job. I don't want to drive from my house to customer's house because of the experiences of my peers. Scary thing like the ones who has gun in his house and a drunk person.

For me the money that Notary Public makes it's not worth losing my life. The gasoline is very expensive etc. My commission expires soon and I don't think I will renew it. There's a lot of Notary Public every where, mail boxes, stores, etc. Some charge $10, $8, $5, the most you make here is for a loan documents which is about $300 per loan documents, but most banks used their own Notary like my friend who works in a bank.

Thank you for sharing your story, it really helps me in my decision not to renew next time.

God bless and take care.

[Social Apocalypse]

Faith, you are so appreciated.
Nathan and Faith: I certainly have no intention of suing the notary, just in case that's how I came across. I just meant that perhaps the contracts are not properly binding, that's all... which again, (like everything else in this hairball) reverts back to the BROKER who is the culprit in all of this.

Thanks again so much, and you know me, I'll keep posting the drama... every day I achieve a new level of fear. I have never experienced such misery, my poor family.

I just sent out an email to every attorney in the state bar association that practiced bankruptcy/foreclosure law.

I hope somebody responds. Faith, I am GOING to call the NACA number, I have before, with no response, but I haven't called the name you provided. Thank you.

Now, I must eat for the first time today...