NEED A NOTARY PUBLIC?
DO NOT USE ONE IN SAN CARLOS. Fraud and
deceit is alive and well here.
By:C. D. Kendall
Whether you were ripped off by Bernie Madoff from his New York mansion or had your signature notarized by the bread-peddling grandma in San Carlos, YOU HAVE BEEN HAD. The only difference between Madoff and bread-peddling grandma is the amount of money involved and the fact that Madoff is in the clink, grandma is still on the street.
Actually, the innocent looking grandma is more dangerous than Madoff. The criminal and civil consequences can be catastrophic, in every state of the U. S. Everything she has notarized is a criminal penalty or civil law suit waiting to happen.
IF YOU NEED ANY DOCUMENT NOTARIZED THAT WILL REQUIRE RECORDING IN THE UNITED STATES, DO NOT USE ANYONE IN SAN CARLOS REPRESENTING THEMSELVES TO BE A COMMISSIONED NOTARY. YOU MAY BE SUBJECTING YOURSELF TO A LAWSUIT AND EVEN WORSE, BEING SENT TO PRISON.
Any person notarizing a document in Mexico whether or not they have a Notary Commission is in violation of Mexican law. They are subject to prosecution for fraud, falsification of a public record (if the document is recorded), for which the criminal penalty may be fine and/or imprisonment under the laws of the state in which the Commission was issued and under laws of any state where the document was recorded. The person whose signature was notarized may also have criminal and civil liability.
If illegally notarized documents are recorded in various states of the United States, Attorneys General in every state will have jurisdiction to prosecute the Notary and you. Also the crime crosses state lines and becomes a federal crime. Most states have a law against falsifying a public record (recording a document automatically invalid because of the Notary’s actions). Both the notary and person recording may be prosecuted. There is no Statute of Limitations and discovery of such invalid recorded document may occur years later.
In addition, you (and the Notary) may be held liable for any damages suffered by any person for whose benefit the document was notarized and recorded. Transfers of property, Family Trusts, Powers of Attorney (just to name a few) are automatically invalid.
A notable real estate firm told me that grandma has been notarizing documents for years in San Carlos and they often refer clients to her. Word of mouth also has spread her availability to notarize documents in Mexico for recording anywhere in the U.S.
The Notary’s seal is generally a stamp that displays the issuing state seal, Notary’s name and commission expiration date. The seal is inked and stamped on the document being notarized near the Notary’s written signature. All seal stamp information must be clear without ink blurs, etc. otherwise, the document is presumed invalid and will be refused for recording. Before allowing anyone to notarize your signature, even
Check the Notary’s Commission Certificate (not a copy);
Make sure the Commission has not expired. If the Notary balks at showing you the Commission Certificate, RUN.
Check the Notary’s seal and compare the expiration date to that shown on the Commission Certificate.
If you are not asked for identification or told to complete information needed in the Notary’s Registry the red flag is waving again.
IF YOU ARE IN MEXICO USE ONLY THE U. S. CONSULATE GENERAL’S OFFICE FOR NOTARIZING YOUR SIGNATURE ON ANY DOCUMENT TO BE RECORDED IN THE UNITED STATES, or return to the U. S. to have your signature notarized.
Scheduling an appointment with the U. S. Consulate on the Internet is easy. Rescate Directory also has information about the U.S. Consulate.
The nearest U.S. Consulate General’s office is in Hermosillo
141 Monterey St. between Rosales & Galeana
Col. Esqueda, C.P. 83000
If you think paying $50.00 to the U. S. Consulate General is expensive or inconvenient, try having the Sheriff or Federal Marshal show up at your door or being sued because of an invalid transfer of real property. Imagine the fear, expense and grief if heirs of a deceased start suing because notarization on a Family Trust is invalid and family trust properties are subject to probate in the courts. You cannot comprehend the number of lawyers who will suddenly appear and the years of courtroom battle.
Yeah, grandma is more dangerous than Madoff.
Information re the writer:
C.D. Kendall is a retired lawyer and has written many legal articles and law columns for
newspapers. Kendall was also a Notary Public for many years.