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If a notary knowingly stamps a document without verifying signatures or named persons even present does that constitute fraud? |
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You'd better believe that is TOTALLY against the law. If it is any kind of a serious legal document or binding contract then this is essentially perjury if the notary accepts said document knowing the person named is not there and probably would not be willing to sign it.
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VERY ILLEGAL, NOT ONLY THAT BUT DEPENDING ON YOUR STATE LAWS, IT ALSO NULIFY'S ANY CONTRACT SIGNED, FOR EXAMPLE PURCHASE OF A HOUSE, CAR, BOAT ETC..... IF YOU HAVE BEEN INVOLVED IN SUCH A CASE, YOU BETTER WATCH OUT.... ITS AGAINST LAW!!!!!!
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As is any legal issue, it is dependent on the laws of your resident state. And also if fraud was actually intended. If the scenario is that the persons present were indeed those that were swearing to the document. No law has been broken. If the persons present were purposely committing fraud, and the Notary enabled that to happen. All documents are rendered, by default null and void. And if the fraudulent documents were used for legal purposes, civil and criminal charges could be enforced, against all parties involved.
ANSWER
It would only be fraud if the Notary knowingly notarized the document when they knew that the party they are attesting to did not sign the document, not through negligence alone.
When the Notary is appointed, they are legally bound to take proper steps to check identification of the party(ies) signing a document if the person is not known to them personally through other dealings and should never, ever, notarize a document that they did not personally witness the party signing the document.
If the Notary fails to uphold proper standards, not only could their Notary appointment be revoked and they could be charged criminally for their negligence, of it was proven not only would it nullify that particular contract, but any document that was ever signed by that Notary would come into question.
This is why every Notary should keep a Notary journal documenting every document they ever notarize indicating the item notarized indicating:
- Type of document or documents.
- Type of notification - Acknowledgement or Jurat
- Names of party(ies) signing the document(s)
- How the party(ies) was/were identified (driver's license w/picture is best) or personally known through other dealings (if they are an established customer whom the person has previously checked the identification of).*
- Date of document
- The time the document was signed.
- Any special comments (any issues or deviations and other parties/witnesses that may be present but not a party to the document itself)
*If there is any deviation on the name on driver's license or other forms or identification, it should be addressed prior to the document being notarized (usually means amending the document to name with an a/k/a, which can be hand-written, but would need to be initialled by all parties signing the document acknowledging the amendment.
First answer by Matt. Last edit by KMOM14. Contributor trust: 1 [recommend contributor]. Question popularity: 168 [recommend question]
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