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It is recommended you seek the services of a qualified professional if you have any questions or concerns.

A Notary Public is an official of integrity appointed by state government—typically by the secretary of state — to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. Notaries are publicly commissioned as “ministerial” officials, meaning that they are expected to follow written rules without the exercise of significant personal discretion, as would be the case with a “judicial” official.

Some states allow credible witnesses to sign the notary journal and identify the signer. A credit card with a picture does not meet all of those criteria, nor do the other choices. An uninvolved person ( someone not mentioned in the document and not a family member ). The biggest problem with credible witnesses is that they might know the signer as "Fred" and not really know what his middle initial or last name are. A capacity is the signer's job or position they are signing as.

They could sign in their capacity as an individual, or if they are an attorney, then in their capacity as an attorney. Check your state laws to see if a notary can legally certify or verify a person's capacity, but on notary certificates, a notary is allowed to document the signer's capacity. If the notary sees that pages are missing from the document, or if the notary is only given the signature page of the document, that is not acceptable. The signer would have to put together a brand new document with the new page and have the whole unit notarized.

It is, I believe, the first federal appellate ruling in favor of a wrongful foreclosure claimant in the First Circuit which covers the New England area, and one of the first rulings to delve into the problem of back-dated mortgage assignments.

She claims, however, that lender did not hold the note and the mortgage at the time they began the foreclosure proceedings against her, and that the foreclosure was therefore illegal under Massachusetts mortgage law.

It was dated October 16, 2008 and recorded in the corresponding registry of deeds on October 29, 2008, after the foreclosure had been completed. Bank, Massachusetts foreclosure defense, Massachusetts foreclosure defense attorney lawyer, Massachusetts foreclosure law, trustee.

However, at the top of the document, it stated: “Date of Assignment: June 13, 2007,” in an obvious attempt to date it back prior to the foreclosure. Bank claimed that the back-dated mortgage assignment was merely a confirmatory assignment in compliance with the Nothing in the document indicates that it is confirmatory of an assignment executed in 2007. Juarez and Glenn Russell will now get the opportunity to litigate their claims in the lower court. The take-away from this case is that courts are finally beginning to scrutinize the problematic mortgage assignments in wrongful foreclosure cases.

Please keep in mind that state laws differ and that not all notarizations in all states require identification.

It is the foremost duty of a Notary to screen the signers of particularly sensitive instruments — such as property deeds, wills and powers of attorney — for their true identity, their willingness to sign without duress or intimidation, and their awareness of the general import of the document.

Some notarizations also require the Notary to put the signer under an oath declaring under penalty of perjury that the information contained in a document is true and correct.

With time, comes an ease to being a notary public—the notarial acts become second nature.

A mental checklist can also ensure you are not missing any steps. At the top of the notarial act will be a place to write in the location of the notarial act.

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