ADMINISTRATIVE LAW OPTIONS: Notarization License Revoked Upon Complaint

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A COMPLAINT FILED WITH THE ADMINISTRATIVE AGENCY THAT ISSUES LICENSES AND CHARTERS COULD HAVE FAR-REACHING CONSEQUENCES ON ESTABLISHING THE CREDIBILITY OF THE BORROWER’S POSITION.

One of the areas of concentration in my own law practice was administrative law. It sounds dull. It isn’t. But it does have its own set of rules and procedures. In Florida it is a the Department of Administrative Hearings, where hearing officers are in the role of judges who rule on EVERYTHING except issues interpreting the State or Federal Constitution. It is a quasi-criminal procedure so the licensee, whether it is a notary, mortgage broker, bank or whatever, can plead the 5th Amendment protections and cannot be required to testify — but we all know what that leads to in terms of the investigation. And usually, the people contacted by investigators for the Board that regulates each licensed professional, speak far more freely to investigators than they would to someone who identified themselves as a member of law enforcement.

Some long-term readers of the blog will remember that I have written extensively on this subject and that I have forms in the foreclosure forms where you send grievances to the licensing board. The strategic advantage is that the investigation and prosecution is done by the agency without any expense to the borrower or the borrower’s attorney. And they apply the laws, rules and regulations VERY strictly because that is their job. It is actually rare, unless the licensee is properly represented (and usually that is not the case) that a licensee won’t receive some sort of  discipline for improper actions taken in YOUR case. It might not go as far as the case cited above in the link where the licensee is revoked, but it often does.

NOW you go to court and tel the Judge that the Notary was already found to have violated the oath of her office when she executed these documents, and you have a judge who is bound by a finding of an administrative agency. The same allegation made directly tot he judge would probably be dismissed by him or disregarded as unimportant. The finding by the administrative board, forces the Judge to call into question the validity of the document relied upon by the pretender lenders.

11 Responses

  1. I clicked on the foreclosure forms link to look for the forms and info on the notary issue but only link back to the same page, Where can I find these forms? I have a judge who agreed the affidavit signed by the notary had issues and I would like to use these to further prove the case as the judge has given the opposing attorney time to correct his affidavit.

  2. Dec. 6, 2010 Ken Bennet Sec of State, AZ “has determined to revoke the Notary’s commission effective immediately,,,based on the following violations of Arizona law…:

    This in regards to AG investigating Complainant “alleged that the Notary notarized a Substitution of Trustee and an Assignment of Deed of Trust April 2, 2010,,,”

    Re: Notary Kristen B, LIndner; Complainant Ryan Safar

  3. Neva,

    Where ever you are from — come from the same state as to AGs.

  4. Well, the only problem in SC is that the AG does not want to hear about ANY of your problems whether it be a Notary Public or any other entity. The AG;s need to be put on notice and do their jobs. I know I am not the only one or the only state that has an AG that does not want to do its job. http://www.challengingforeclosure.com Sirak@challengingforeclosure.com

  5. I’ll try that.

  6. I sent in a complaint, with exactly what has occurred, in that the entire notary Journal has multiple, over 10 alterations in it ( I subpoened to inspect it) Yet, what happens?

    The basically say that they will not do Jack Sh*t. Because if its criminal, its not there “area” . well if it was not criminal, what would someone possibly complain about?

    Dear Mar Nali:
    Thank you for your inquiry.

    Your inquiry has been forwarded to the Notary Public Section for a response. In the future you may wish to contact us directly at Notaries@sos.ca.gov.

    For information regarding reporting possible violations of the duties of a notary public, please refer to our website at http://www.sos.ca.gov/business/notary/file-a-complaint.htm. Please complete a complaint form and provide copies of any documentation regarding the violations and mail everything to our office for review by our Investigations Unit.

    If you believe that fraud or other criminal acts such as forgery, elderly abuse, embezzlement, filing false documents of record, etc. have been committed, these matters should be referred to the local authorities or the District Attorney’s office in the county where the fraudulent acts allegedly occurred. Complaints of a criminal or civil nature do not fall under the purview of the Secretary of State’s office.

    Sincerely,

    Notary Public Section

    California Secretary of State

  7. Thanks Neil…I can not seem to locate the form you reference to use to send to the state authorities to investigate notary fraud. Can you be more specific or attach a link?

  8. Pelucheven I agree with you . I work on my own.Question is ,in what state must be the Customer Signature and the notary stamp on the same page. I know Virginia has the law , but not Florida. So I find out , that a notary page was added to my note, but I never see one.
    The Notary Company will not answer the question , that the stamp was stolen.

  9. We need to file grievances against all the players in each of our individual loans and foreclosures. Since most of our courts are considered courts of equity, the fact that we have brought into the court room better evidence that tells a more irrefutable story will be tantamount to a possible settlement or ruling in your favor.

    Most Realtors are ill equipped to face these type of hearings, notaries are also a weak link, even the lawyers that are currently illegally taking our homes for $1,500 a house can be taken into a process that will require for them to invest their ill gotten resources. And believe me no lawyer or professional wants to go through this.

    As one Virginia State regulator told me once, “it is not the complaint nor even the outcome that matters to the licensee, it is the grinding and taxing process that forces them to realize that they need to come to terms with their actions or lack there of”.

    As I have been calling for some time, we need to attack at all levels, Federal, State and Local. We need to become their worse nightmare as far as having them on the defensive. The more complaints there are their records, their DUNS numbers, their credit ratings, their public records become quickly splattered. You have in an instant set up the path for best evidence.

    Now, you have to be very precise, and very surgical with your complaint, do not get emotional, get factual, and do not write one complaint with ten grievances. write one complaint and include two or three grievances, do not make it difficult for the state regulators to prosecute the case. File different claims against the same crooks.

    File complaints with all federal agencies, FTC, FBI, OCC, etc.

    Form local support groups, most counties are getting ready to start their legislative sessions, ask for an opportunity to talk to them and bring about the MERS issue, the foreclosure frauds being perpetrated by local lawyers and foreign entities.

    This fight goes beyond sitting and waiting for the federal government to do something for you. Do not fall for this trap. It is you who needs to make the necessary noise so they hear you at all levels.

  10. Thank you Neil… This is so awesome. We are hoping to see more of this.

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