Notaries, Don't Let Inattention to Detail Result in Disastrous Personal LiabilityInadvertant errors and omissions can result in law suits where you (the notary) can be held liable. By far the most common form of notary negligence is failure to require adequate proof of identity or even to require that the signer "personally appear" at all! In many cases the notary was pressured by "the boss," or was told by a friend that the signer was "all right," or was otherwise persuaded to expedite a business transaction by not requiring the signer to personally appear and produce adequate identification. No matter how it occurs, YOU may be liable.
Notaries have been found to be negligent in many different ways: - failure to notice discrepancies between two signatures by the same person on the same document
- failure to confirm that the signer was "an unmarried woman" as recited in the document
- failure to confirm that the signer of a document did so "knowingly," even though the signature was genuine
Failure to adhere to the formalities of each notarial act risks disastrous personal consequences.
Judgments Can Jeopardize Your Financial Future Notaries have been sued for the value of lands, stocks, bonds, and automobiles when the notary's negligence facilitated a fraudulent transaction. In some circumstances the statue of limitations begins to run – not when the negligent act occurs – but when the damage is discovered which may be years later. Out-of-state Real Estate TransactionsA notary who attests documents relating to real estate in a different state is subject to suit in the state where the property is located. Third-party LawsuitsA notary is subject to suit by any member of the public who incurs loss because of the Notary's negligence. In one very unusual case, a notary was sued by the family of a motorist who was killed by a teenage driver who acquired her driver's license by forging her father's signature, which the notary negligently authenticated. The court noted that the chain of events was hardly foreseeable by the notary, but nevertheless allowed the family to pursue their case against the notary. Membership in ACNP can Help- ACNP's password protected member-only section provides updates on notary law. Don't let a lack of current information increase your chances of a lawsuit.
- Each annual membership includes 12-months of notary errors and omissions insurance.
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