Notarizing a quit claim deed

[janna39]

I notarized a quit claim deed for a co-worker and her mother who is in a nursing home. She provided an ID and signed the document. It was prepared by a real estate attorney and filed at the clerk of courts. The brother is just now disputing it and is telling the mother to say she did not sign it. She is scared of her son so she is now saying she did not sign it. He has brought criminal charges against me (the notary) and the sister who now has the property. The detective is threatening me stating he is going to arrest me for a 3rd degree felony because he believes I wasn't present when the mother signed. I was present. He is also charging the daughter. I was just the notary and I am getting caught in the middle of a family dispute. Can I be arrested for this or charged with a felony?

 

[dee_dub]

Criminal fraud, perhaps. You don't mention your jurisdiction, so it's hard to say. I think that you'd be much more apt to be subject to a disciplinary hearing by the board that licenses notaries. And it sounds like a he said, she said deal.

A senior lawyer once advised a junior to never, ever notarize anything without the person being present. That way, if it is ever alleged that the junior did, they could answer that they KNOW the person was present. How do they know? "Because I have never, ever notarized anything without the person being present." Yes it's circular, but it can be persuasive. It's all about your credibility.

 

[dee_dub]

Nope. Valid photo ID required.