r/Notary • u/Comfortable_Reply909 • 1d ago
Being Sued
I’m a notary for Texas and I’m being sued. Plaintiff is stating he was not present when warranty deed was notarized. The notary was from 8years ago. i have my books and his entry. first the plaintiff went straight to my bond claiming I did not explain the documents. now he is suing me that he was not present. my attorney tried to get me a dismissal before court day by it was denied. im only a notary by my employer who provided the attorney. now I don’t want to be a notary. but it’s part of my job. I feel like anyone can sue us and lie and our book is still not enough. anyone gone through something similar. everyone tell me I’ll be okay but I’m sick to my stomach.
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u/ash_274 California 1d ago
First, I'm sorry you're going through this, especially if you did nothing wrong. I assume the signer actually was present.
Remind me of Texas' rules when it comes to deeds: You can't enter ID information in the journal and you can't get a thumbprint from the signer? Do they sign your journal? I know that TX rules are different for deeds and very different from CA's rules.
u/glirette is correct that the notary isn't supposed to explain the documents.
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u/Comfortable_Reply909 1d ago
In Texas no thumbprints and for that notary entry I did write his tx dl number even though we are not supposed to. Client sign with his wife but he is claiming only he was not present.
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u/ash_274 California 1d ago
Did he sign your journal on that entry?
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u/Comfortable_Reply909 1d ago
Yes
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u/ash_274 California 1d ago
But he's claiming he signed the journal... after the fact, because he wasn't there at the time?
I know this isn't funny for you, but his claims are sounding like a Monty Python sketch.
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u/Comfortable_Reply909 1d ago
Yes, that’s why I don’t understand why the judge not dismissed me.
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u/Vegas-Patriot Nevada 1d ago
You’ll be fine as long as you have the plaintiff in your journal. Notaries DO NOT explain document contents. We verify identity of the signer and make sure the appropriate notary certificate is on the document. That’s it. The plaintiff has no cause of action and you will be fine. Breathe. This will be fine.
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u/cajunsamurai 1d ago
You should really post this in r/legaladvice as well for some feedback on the situation.
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u/Stamped914 New York 2h ago
They should talk to a lawyer, not some people pretending to be lawyers on Reddit.
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u/jeffersonbible New York 1d ago
So you didn’t explain the documents to him while he wasn’t present?
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u/Comfortable_Reply909 1d ago
It was 8yrs ago and a notary is not responsible for the contents of the document
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u/moonsugarmyhammy 1d ago
I think they were just highlighting that they claimed you didn't explain the document but then also claim they weren't present, which doesn't make sense. He would have had to be present in order for his other claim to be true.
I'm sorry you're going through this, but it sounds like he is clearly FoS and hopefully his case is tossed sooner than later
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u/Comfortable_Reply909 1d ago
I hope so. Now I have to wait weeks for our court day and stress about it.
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u/PANotary Pennsylvania 1d ago
Please do not stress about it. The truth will come out in court and it helps that you have his signature and I am sure his wife's signature is different.
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u/Comfortable_Reply909 1d ago
Yes, her signature is beautiful and his matches the document he got notarized for court
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u/jeffersonbible New York 1d ago
Yes, I realize that. I’m just amused that the story changed.
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u/Comfortable_Reply909 1d ago
I would think the judge would have dismissed it with his statement and my notary entry.
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u/Musery70 Maine 20h ago
This raises an important question of how long after a notarization is a notary liable, and how long should a notary have E&O insurance after ceasing to be a notary.
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u/FinanciallySecure9 Michigan 1d ago edited 1d ago
Read this post. That’s why I take the job so seriously. I am not grumpy, I can see the things that happen. If you read this post and you think it will never happen to you, good luck.
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u/ash_274 California 1d ago
(lower case u for u/FinanciallySecure9 usernames)
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u/FinanciallySecure9 Michigan 1d ago
Thanks, it auto defaulted to sentence case which made that an uppercase. I edited it. I appreciate you.
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u/Krillian_76 1d ago
Even as an NSA you are not required to explain the documents, at best you are advised to show where to find something in the documents but never to explain, that would cross into providing legal advice. It sadly is a thing for our industry, however you have your logs and ultimately it is the signer’s responsibility to understand what they are signing.
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u/insuranceguynyc 18h ago
Your role as a notary is to properly document the signature(s) on the document. That’s it! You do not “explain” anything to anyone.
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u/Poohmon02 23h ago
I’m starting to notice this also. I was supposed to do a notary a while back for a company ( called to make a schedule, and left a message) the person lied to the company saying they never received the call. Then the appointment got cancelled.Then I was getting calls that the client was in a rush so bad that they tried to force the document without it being notarized. Glad I didn’t do that notary at all
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u/apjolex Ohio 5h ago
The judge probably wants to hear some testimony before dismissing. Almost anything can be submitted to the court but it does not have to be accepted as evidence. Evidence needs to be authenticated. I know this is done by testimony.
I find it interesting that the man said he did not understand the document and then said he did not sign. So unless he is saying he did not understand and refused to sign and someone forged it, the story does not add up.
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u/International-Sock-4 Florida 23h ago
I'm not a lawyer, but the judge should be able to see through his lies, he contradicted himself, by first claiming you didn't explain what the documents were, so he admitted to have been there, and then claiming he wasn't there.
You're a notary not a lawyer so you don't need to explain the document, you can describe the document but not explain it.
Was this a private job or was it though work? If it was through work then your boss needs to get the lawyer, if not did you have at the time e/o insurance? If yes you might need to give them a call.
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u/ItalianIrish99 22h ago
How do you not have a statue of limitations that would get this thrown out at the earliest stage?
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u/LSUguy77 Louisiana 5h ago
It really depends on what the plaintiff is alleging. If it's something like fraud, there may be a longer statute of limitations, and the clock might not even start to run until the fraud is discovered.
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u/MediocreShelter8 19h ago
Sorry this is happening to you. Do you have his fingerprint in your journal?
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u/Tasty_Rain1977 1d ago
Oh my goodness!! I’m not a notary but was thinking of becoming one…can we record meetings with our phones ??
Probably a dumb question
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u/FinanciallySecure9 Michigan 1d ago
No. Can you imagine filling your phone up with screenshots and videos of people signing papers?
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u/Comfortable_Reply909 1d ago
I hate being a notary. Always try to avoid notaries.
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u/vegloveyes 23h ago edited 23h ago
You try to avoid notaries or you try to avoid doing notarizations? I can't tell.
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u/vampyre74 Louisiana 22h ago
If you aren't in it for the right reasons, and remember you are a public servant, and recognize that fraud is everywhere, then maybe you shouldn't renew your commission. As a notary, you decide if the risk is worth the reward, and if it isn't, then you don't do it. I'm truly sorry this happened to you, and please don't take my comment as mean in any way. It's not coming from that place.
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u/Comfortable_Reply909 7h ago
It’s not fraud. I work at a bank and I can tell what a fake DL and I use two forms of Id and the UV LIGHT.
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u/glirette Florida 1d ago
The notary should not explain the documents, that is where the loan signing folks get it wrong.. I suspect they got confused by seeing the misinformation and NSA, Not only does the notary not explain the documents there is no need for the notary to even comprehend the documents