What's the penalty for a Notary who presigns the document and mails it to the individual who then gets someone ELSE to sign it instead of the right person?
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Mr_M (
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February 2nd, 2009
Or a Notary who mails the document to an individual, that individual gets someone ELSE to sign and mails it back to the Notary, who falsely confirms he witnessed the signature.
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Notaries are regulated by the states so it varies. Here is one example (emphasis mine):
“Q. What is the most serious error made by notaries in notarizing documents?
A. The most serious error made by notaries is failure to require the person to appear before the notary before notarizing the document. The person who signed the document must always appear in person. Failure to observe this requirement can result in criminal and civil liability and the loss of the notary’s commission.
Q. What are the liabilities and penalties for notary public misconduct?
A. A notary public who fails to carry out notary duties correctly may be subject to civil liability for any damages caused by the failure or error. If the notary’s error enables a forgery, false writing, or other crime to occur, the notary also may be held criminally liable as an accessory to the crime. The Secretary of State also may revoke the notary’s commission. Failure to attach the date of expiration to a notarization is a class C misdemeanor.”
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