Notary public conflict of interest

[yodar20]

Hi everyone...
I am involved in a debt collection with my ex Mother-in-law and her mother regarding a loan made to myself and my now ex-wife. My ex Mother-in-law is a Notary and also holds Power of Attorney for her mother(the person who gave us the loan). She is the person who notarized the documents on the Promissory Note. After the breakup of my marriage, I went to retrieve my belongings which were stored in the garage of the ex-grandmother-in-law. Before I was allowed to do so, my ex-mother-in-law forced me to sign another note stating my obligation to the debt which she also notarized. Since she has POA for her mother(the Obligor)and has a significant interest, is she allowed to notarize the document? Will this make the document void? I live in New York State...any advice would be greatly appreciated.

 

[I AM ALWAYS LIABLE]

Hi everyone...
I am involved in a debt collection with my ex Mother-in-law and her mother regarding a loan made to myself and my now ex-wife. My ex Mother-in-law is a Notary and also holds Power of Attorney for her mother(the person who gave us the loan). She is the person who notarized the documents on the Promissory Note. After the breakup of my marriage, I went to retrieve my belongings which were stored in the garage of the ex-grandmother-in-law. Before I was allowed to do so, my ex-mother-in-law forced me to sign another note stating my obligation to the debt which she also notarized. Since she has POA for her mother(the Obligor)and has a significant interest, is she allowed to notarize the document? Will this make the document void? I live in New York State...any advice would be greatly appreciated.

My response:

In some states, believe it or not, such matters do not constitute a conflict of interest. However, to be sure, call the New York Secretary of States' Office in the Capitol, and ask if your situation, under the current laws, constitutes a conflict of interest.

If it does, report her, and get that license yanked.

IAAL

IAAL

 

[yodar20]

To IAAL:
Thanks for the information...I will contact the NYS Department of State. My only other question is that, if it is a conflict, is the note I signed nullified? And does coertion have any bearing? Thanks for your time...

 

[I AM ALWAYS LIABLE]

To IAAL:
Thanks for the information...I will contact the NYS Department of State. My only other question is that, if it is a conflict, is the note I signed nullified? And does coertion have any bearing? Thanks for your time...

My response:

If there is an unlawful conflict of interest, then everything that was signed by you, and "notarized", is void ad initio (void from the beginning), and has no force or effect.

Please, get back to me and let me know how this turns out.

IAAL

 

[yodar20]

I looked up the NYS law and...

this is what I found on page 17 of the NYS Notary Public Law:

Interest as a disqualification. - A notary public should
not take an acknowledgment to a legal instrument to
which the notary is a party in interest. (Armstrong v.
Combs, 15 App. Div. 246.)

Is this enough for the nullification of the document???