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notary public laws

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german

Junior Member
Open question:
It's legal that a notary public notarize a document that is only in german language?
I could infer that is legal, because of your comments about notary public but is my conclusion right?
 


You Are Guilty

Senior Member
Open question:
It's legal that a notary public notarize a document that is only in german language?
I could infer that is legal, because of your comments about notary public but is my conclusion right?
Yes.

What you might not understand is that in the US, a notary is not the same as (most) other countries. All a US notary does is make sure the person who signs the document is really the person they claim they are. In other words, they just check identification of the person who signs. They have no other powers or duties (with a few exceptions that do not apply here). They have no legal powers, they do not handle real estate sales, they do not ensure the what the document says is "true" or "correct", they just check signatures.
 
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seniorjudge

Senior Member
Yes.

What you might not understand is that in the US, a notary is not the same as (most) other countries. All a US notary does is make sure the person who signs the document is really the person they claim they are. In other words, they just check identification of the person who signs. They have no other powers or duties (with a few exceptions that do not apply here). They have no legal powers, they do not handle real estate sales, they do not ensure the what the document says is "true" or "correct", they just check signatures.
I agree.

The notary technically doesn't even have to see the document...just the signature page.

A lot of people signing trusts and wills don't want the notary nosing around in their business.
 

german

Junior Member
If it is so clear like your descriptions, i believe it!
Than must it be fraudulent intent from the person who wants a notarization, if
he writes down this sentence IN GERMAN language for german people in germany:

“Hereby I confirm. Mrs “forename surname”, as public Notary of the State of Florida that I saw above mentioned documents in the original and confirm the written above laid down numbers.”

And the notary made a seal and signature on it.

Imagine, people in germany will red this notarized document, with a german text, that says, that the notary confirms original bank statements and tradingresults and that he saw original tax assessments...

Is there no possibility no law if people abuse the notary conventions advisedly, to avert more corrupt intensions?

And what if this person goes one step forward in his intention and fakes the notary seal and signature? Like here:
https://forum.freeadvice.com/showpost.php?p=1679939&postcount=15
 
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You Are Guilty

Senior Member
Interesting question. Florida law might require the notary to do so in English, but I'm not sure. Even if they did so it in German though, it does not necessarily make it a fraud. At best, it will probably just mean the document cannot be considered notarized. That does not automatically make the document invalid.
 

german

Junior Member
Hello,
I called the Notary Public Underwriters where this notary is commissioned - I don't really understand what it means - but they gave me a "business Phone Nr." of the notary and I called there, it is a UPS store.

The man (employer) in this store sad to me, that this "notary" worked there in the store, but until 1-2 years before. And he sad, that the "notary" lives since this time in a other state!

The UPS store man also knew about this german person I think who fakes the notary seal and signatures in Florida, without my mention.
My intuition is correct! Sadly I am a little bit late because the notary certificate expires in three weeks. But maybe the person is pert enough to fake a renewal...

Do you think it is enough to send a fax to?:
NOTARY SECTION
EXECUTIVE OFFICE OF THE GOVERNOR
Tallahassee, Florida
 

german

Junior Member
Hello,

can you help me again?
I called a lot of Phonenumbers of the Florida Department of State Division of Corporations and so on, but nobody could help.
They just guide me to another Phonenumber, or the department has holidays etc.

How can i find out the actual adress of a notary, the adress from the notaries Bonding Agency is an old one and not valid. It is the notaries old employer a UPS Store. The employer dont know the new adress but is sure the notary moved to Massachusetts!

This could not be legal? That a notary notarizes docs but has no valid adress Phone etc.! And maybe stay in an other state than Florida, the state of the certificate.
Who has the liabilities, to protect people by a criminal notary? Or to protect from a person which use the notaries seal and signature every week ongoing to mislead people in Europe?

Thank you.
 

cbg

I'm a Northern Girl
Are you suggesting that the notary is prohibited from moving out of state? That he should be bound by law to stay within the confines of the state where his certification is until it expired? That the law would require that he be immediately available to you at all times?

I don't what regulations limit notaries in Germany, but here in the US we have the same rights and freedom of movement as other citizens. We are not required by law to have our contact information published nor are we prohibited from moving out of state.
 

german

Junior Member
This all is very funny. Realy it is so senseless and far out of any service.
It ist completely a fake the story of notarization!

The sense of a notarization is to notarize, that a person who signs a document ist real this person.
But for people in foreign countries it makes no sense, if they can not verfiy the notary, because there are no facility to do this.

I am not suggesting!
I called the Bonding Agency: Notary Public Underwriters and they sad to me, that it is not allowed in FL to move to an other state and live there!
I dont know, did you meant it makes sense to live in Massachusetts and be a notary in FL?

And please unswer my question how should i verfiy the signature from notary on my document?
If nobody knows this notary... to contact...
 

cbg

I'm a Northern Girl
If the notary moves to Massachusetts from Florida, he will not be able to practice being a notary until he is granted the right to do so by the state of MA.He cannot use his Florida notary license in MA. But the law does not prohibit him from leaving the state. The law does not prohibit him from moving out of state. The law only says that he can't act as a notary in any state except the one that authorized it, in this case Florida. If you are understanding them to be saying that he is forbidden to leave the state, you are misunderstanding them. I can go to Maine or New Hamspshire or Arizona or Florida - I just can't notarize anything while I'm in any state but Massachusetts.
 

german

Junior Member
This is clear.

But this is still the open question:
Which are the ways to verify the signature from a notary on a document?

1. If the notary has moved unknown.
2. If the the Bonding Agency of the notary dont knows where the notary has an "address where/at which process can be served".
3. If no Department of State FL can help, because the business day for an foreigner is not long enough, to go through all departments, to arrive the right one.

Point 3. sounds a little bit stupid, but happend today.
Could you tell me what the Department of State could do for example with my matter, the verification of a notary signature? Could I send them a sample and do they a comparison?
 

cbg

I'm a Northern Girl
I trust you do not mean the Federal State Department, but whatever agency under the State of Florida is responsible for notaries.

You can ask, but I seriously doubt that they will do a comparison for you.

You need to make up your mind to the fact that if the notary has moved out of state with no forwarding address WHICH IS HIS RIGHT, you may not be able to verify it.
 

german

Junior Member
Ok the dimension becomes more clarity for me.

Can you tell me approximately how much penalty a notary would get, if he sold or gave away his notary seal?
Like I understand the dimension now I would appraise it to 1000-5000.- USD, more at 1000 than at 5000.
Is this realistically?
 

german

Junior Member
117.05
(3)
(d) A notary public whose official seal is lost, stolen, or believed to be in the possession of another person shall immediately notify the Department of State or the Governor in writing.
(e) Any person who unlawfully possesses a notary public official seal or any papers or copies relating to notarial acts is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
What is this?: s. 775.082 or s. 775.083
 
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