notary public laws

[german]

What is the name of your state? "Florida"

Hello,
I am from germany please excuse my english and if my post is not in the right forum.

Questions:
1. It's right, that a notary public must do the signature and stamp the seal on the paper which is to notarize? No deputy is allowed to use the seal include the name of the notary public...
If I red Chapter 117, § 3 (a) and (c), I think so:
http://www.notarypublicflorida.com/index.cfm?PageID=8
But I am right?

2. If I have two documents from the same notary public notarized (one year between), but the signatures are so different, that it is not possible the same notary public.
And on one document the seal is stamped over the signature (Florida notary public laws, says BELOW the signature), that at first sight it is not catch one's eye. But this document was notarized four times, so it could no accident!
Would you say it looks like fraud? I think so, because there are lot of other contradictions around this case...
But how could it be attested?
By recordkeeping?
the Governor's Office recommends that notaries keep a record of all official acts in a journal or record book...:
http://www.notarypublicflorida.com/index.cfm?PageID=9#8

3. Which other ways exist to become certainty about the conflicting notarizations, in short time?

Thanks in advance.

 

[cbg]

Notary public laws are, to a certain degree, state specific. However, I am a notary public in Massachusetts.

1.) I am not aware of any law allowing for a deputy to use a notary's seal.

2.) It is next to impossible to ensure that the seal appears precisely under the signature and nowhere else. I have, on occasion, missed and ended up stamping over the signature. I have also not gotten a good print and had to make multiple attempts to get a clear one. So no, I do not even remotely agree that four seals, including one over the signature, indicates fraud.

Does the notary acknowledge his signature? I don't know about Florida, but in my state I am required to keep a log of any transactions I witness.

How are you affected by this?

 

[seniorjudge]

Q. Which other ways exist to become certainty about the conflicting notarizations, in short time?

A: Ask the notary.



(Your English is much better than some people who were born and raised in this country.)

 

[german]

How are you affected by this?

I have a credit agreement with a german person who lives in Florida. And I have doubts about this person because in germany he is listed in a court decision as a separate hunted person... but this information is "unofficial" because personal rights...

So, if I would have a demonstration that one of my credit agreements has a faked notary signature it would gave me a lot of pressure to an agent in germany who is working for the person in Florida. I want to cancel my credit agreement by the agent in germany.

How could I ask the notary? I have the notary ID and mailing address from the Notaries Public database FL: http://notaries.dos.state.fl.us/not001.html
But I have no email or fax/tel.

I am a little carefull with my assumption. Would it be allowed to upload and show you the two examples? Maybe on a password protected webspace and I can give you the password by private message!?

 

[Zigner]

We can't comment accurately on German law. However, it would seem strange to me if you could get out of a contract with someone just because they did something wrong that's not related to your contract.

 

[german]

@Zigner
No, you misunderstood.
I want to know from us people, on which way can I verify the two notarizations, one from 2006 and the second from 2007. My doubts are about the second one from 2007.

seniorjudge sad ask the notary...
Ok I will try this!
But what if the notary is corrupt...? I will see what the notary will tell me.

PS: The certification of the notary expires in 3 weeks. Is this normal, if a notary wants to renew, to do this so late? Maybe don't want to renew?

 

[cbg]

You do realize, don't you, that the only thing a notarization does is reflect who signed it? It does not have anything at all to do with the legality of or the enforceability of the agreement that was signed.

Even if you could prove that the notary signature was faked, it wouldn't mean anything except that the document was not notarized. It would not prove that the signatory to the document was false, just that the signature was not notarized. It would not make the document illegal or unenforceable.

You have no way of knowing if the notary is or is not renewing. I did not start using my new seal until the day of the expiration of the old one. The fact that they are not yet using the new one is completely meaningless.

I think you are puttting far more emphasis on the existance of a notarization than it deserves.

 

[german]

You do realize, don't you, that the only thing a notarization does is reflect who signed it? It does not have anything at all to do with the legality of or the enforceability of the agreement that was signed.

Yes, I red the FAQs, in germany we dont have this kind of notary.

Even if you could prove that the notary signature was faked, it wouldn't mean anything except that the document was not notarized. It would not prove that the signatory to the document was false, just that the signature was not notarized. It would not make the document illegal or unenforceable.

I understnad. But a faked notary signature, is a criminal act and will be avenged, right?

You have no way of knowing if the notary is or is not renewing. I did not start using my new seal until the day of the expiration of the old one. The fact that they are not yet using the new one is completely meaningless.

I meant in the Notaries Public online database FL, not the stamp. But I also think it is meaningless. I was only thinking, that maybe people who do this job every day, that they renew there certification in good time and not in the last week of expiration.

I think you are puttting far more emphasis on the existance of a notarization than it deserves.

It meants for me (for other people in germany), that the person dont deserves our confidence, if he fakes signatures documents etc.
Thanks

 

[cbg]

A criminal act? Avenged? Uh, I think not.

The data base is not going to show you a renewal before it occurs, either. I don't know why it matters to you when the renewal shows up. It has nothing whatsoever to do with the matter at hand. The notary could have renewed months ago (although I was only sent the paperwork for mine about three weeks before the old one was due to expire) and the data base would be updated at the time it was due. You really are putting far too much emphasis on the wrong things.

You still have no evidence whatsoever of forgery that I can see. More like wishful thinking.

 

[german]

It's not a crimnial act if a person imitate a notary signature and seal? I can not comprehend this.

(3)c) The notary public official seal and the certificate of notary public commission are the exclusive property of the notary public and must be kept under the direct and exclusive control of the notary public.
http://www.notarypublicflorida.com/index.cfm?PageID=8

The other point I confirm, it is a huge difference between the "culture" of notarization in USA and Germany.

Other question:
It's legal that a notary public notarize a document that is only in german language?
cbg wrote: ...the only thing a notarization does is reflect who signed it?
So, I could infer that is legal, but is my conclusion right?
Thanks

 

[Ozark_Sophist]

You have the address. Ask the notary to validate his/her signature by sending a copy via registered mail (however it works internationally). Whether it will help you or not...

 

[cbg]

Sorry, I was not clear. I am not saying that it is not a criminal act IF someone forges a notary's signature and seal. I am saying that there is no evidence whatsoever that such a forgery has taken place except in the wishful mind of the poster.

 

[german]

@Ozark_Sophist
Yes this works internationally! I will do this. And I did send a fax to:
NOTARY SECTION
EXECUTIVE OFFICE OF THE GOVERNOR
Tallahassee, Florida

@cbg
I am saying that there is no evidence whatsoever that such a forgery has taken place except in the wishful mind of the poster.
It sounds a little bit like sophism...in my german ears.

Thanks to all.

 

[cbg]

If you have any evidence of forgery other than your incorrect assumption that a badly placed and multiple stamp represents it, you have yet to provide it.

 

[german]

@cbg
I wrote it in my first posting:

...
Questions:
2. If I have two documents from the same notary public notarized (one year between), but the signatures are so different, that it is not possible the same notary public.
...

If you want to see an anonymous compare of this two signatures follow this link:
http://taam.ta.funpic.de/notary/sig06-07.PNG

PS: And I wrote in an earlier posting: I have doubts about this person (edit: the one wants notarization) because in germany he is listed in a court decision as a separate hunted person...!