Deed Notarized Fraudulently--consequences

[joe_thomas]

A buddy of mine has picked up a few subject-2's and came to me with the following problem

Seems he works his deals with homeowners and then gets his notary stamps and witness signatures after the fact. Kinda defeats the whole purpose of even notarizing and witnessing the signatures. Just a matter of laziness and cutting corners. One of his deals was bound to bite him in the rear.

I went to inspect one of his homes and the folks living there tell me they still own it and it aint for sale. Well, when I did my homework his name was listed on county records as owner so I show them my computer printout with the address and footage and his name as owner. These folks tell me they're suing my buddy for filing paperwork with counterfeit notary and witnesses and then they're going to the local news. I left right when they got around to the part about how they'd sue me too.

I hope this generates some ideas for protecting yourselves and doing things the right way. I know you've heard it a million times but here it is again: Dot your I's and cross your T's. When I do business, I always prefer to use disclaimers.


PS. my friend still says just because he gets his papers notarized and witnessed after they've already been signed doesn't mean they're not valid. I disagree but he insists everybody's doing it. I even looked it up online and it says a deed is valid without a notary stamp but can't be recorded until it's notarized. I am inclined to say that's all moot because notarizing something without witnessing the signature is fraud in my eyes. Now wouldn't that also put the notary in a heap of trouble?

[BradleyS]

RE Broker and Notary in Kansas:

The Notary who signed the documents without having the principal and witnesses present broke the law.

The Notary will be subject to civil and criminal action, as well as have their license revoked.

I believe the Notary was more FRAUDULANT than the buyer.

I personally, make a copy of the document and a copy of the principal's idenification card as well as the witnesses, and staple it to the notorized document.