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How to Limit your Liabilities with Your Notary Employees

Discover what your liabilities and cost are with having Notary Employees that conduct Real Estate Closing and Notary work after normal work hours.
by

Daniel Lewis

on 14 September 2012

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Transcript of How to Limit your Liabilities with Your Notary Employees

Liability with Your Notary Employees and Liabiltiy Issues with your Notary Employees presented by Objectives
Increase your knowledge on Mobile Notary Signing Agent Liablities and how they might affect your business
Increase knowledge on Mobile NSAs cost to your business We are not Attorneys and do not give legal advice or accept fees for legal advice. For educational purposes only. Official Misconduct
Doing what is prohibited
Failing to do what is required
Neglecting to carry out dties with care Implications of Official Misconduct
Loss of commission
Fines (Notary Fees are higher and higher each year
Imprisonment
Compensation for damages Types of Cases Resulting in Claims
Real Estate Fraud: Loan Mods & Home Rescue Fraud: Boorower sues Lender, then Lender sues Notary
Foreclosure Cases
Elder Abuse Cases: Lack the capacity, doesn't involve forgery
Pouers of Attorney: 1) Forgery, and 2) Improgper Signatures Anatomy of a Typicial Claim
Perpetrator forges family member's or 3rd party's signature on a deed
Perpetrator finds a Notary to notarize without requiring personal appearance by the grantor whose signature is forge
Perpetrator secures a loan against the property
Lender forecloses when payment aren't made
Victim isn't aware of the forged deed or loan
Victim files lawsuit to quiet title
Lender goes after the Notary o Notary Actions that Result in Claim
ID: Failure to obtain proper ID(result in forgery)
Journal - Failure to properly record act in journal(Failure to obtain signature and thumbprint)
Seal - Failure to safeguard seal (results in someone fraudently using seal)
Other - Notarizing under suspicious circumstances(signer does not show capacity to sign How a Case Unfolds
Surety / E&O Insurer served a lawsuit
Notary served a lawsuit and contacts surety/insurer
Cases involving forged deed and loan
Cases involving forged deed and no loan Notary Errors
Failing to require personal appearance
Failing to require identification
Failing to scrutinize identification
Failing to safeguard Notary Seal and Journal
Failing to notify authorities of loss
Notarizing a pre-signed Jurat
Relying on third party for signature authenticity
Performing a notarization in questionable circumstances Indiana Terms of Liability
2 years on a mistake(act of the notarization)
6 years on an Intent
5 years on an Criminal Intent Damages
All Damages resulting from misconduct
Punitive Damages for Intentional Misconduct Notaries are Liable for
Actual losses
Legal Fees Court Cases Cost
Orders are taken during your business hours
Closing packages are printed on-site
Closings are conducted on-site How to protect yourself and you company
Follow all laws
Setup a policy for your employees Value of using a Journal
Helps get a claim dismissed
Shows the notary takes his or her job seriously
Enhances the notary's credibility
Signature and thumbprint can disprove forgery
Shows the notary compiled with the law Questions www.lewisnotary.com
Facebook.com/LewisNotaryServices
Twitter.com/LewisNotary
YouTube.com/LewisNotary
317 403 1282 ofc
317 815 4869 fax
Full transcript