The notary on a forged quit deed does this make the deed invailed

A court can declare it void, so it will have to be proven in court that the notary was not really a notory ( where did they get a seal from? )
And the deed itself is not forged but I will assume that the signiture on it was. So you will need to prove that also in court.

So you will need to sue in court to have the deed declared void.

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Originally Posted by Hawk32

The notary on a forged quit deed does this make the deed invailed

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When you say the Deed was forged do you mean the signature of the person signing the Deed was forged OR the signature of the notary was forged OR both?

I can only address NYS but an expired or forged Notary does NOT make the instrument invalid. Obviously if the signature of the grantor (person signing the Deed) is forged, then the Deed is a forgery and not valid but you would have to prove it in Court. Not all documents require a Notary seal and it is a simple matter to write/type in the Notary ID info if it is your intent to commit forgery.

I am a Notary and often don't have my stamp or seal with me when I notarize a document. I simply write in my information. I do, however, keep the required records of when/where I notarize documents in the event someone forges my signa ture and information.

I don't know if you are asking this but a Notary does not attest to the truth of a document; all a Notary does is verify the identity of the person who signed the document - which signature must be taken in front of the Notary. I must actually see you sign the document and I must check (and, if necessary, verify) your ID.

There is case law on this in NYS.

By what means is it "forged"? Was the "notary" who notarized it not a real notary? Was the document itself fraudulent? Did an unauthorized third party fraudulently forge someone elses' name? More info. Is needed.

Both where fake, notary and signature I've contacted the secertary of state and she has confremed the indavidual was not a notary I have no idea how she got a stamp but I'm going to court just wasn't sure about her not being a notary change having to go to court thank you

Quote:

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Originally Posted by JudyKayTee

When you say the Deed was forged do you mean the signature of the person signing the Deed was forged OR the signature of the notary was forged OR both?

I can only address NYS but an expired or forged Notary does NOT make the instrument invalid. Obviously if the signature of the grantor (person signing the Deed) is forged, then the Deed is a forgery and not valid but you would have to prove it in Court. Not all documents require a Notary seal and it is a simple matter to write/type in the Notary ID info if it is your intent to commit forgery.

I am a Notary and often don't have my stamp or seal with me when I notarize a document. I simply write in my information. I do, however, keep the required records of when/where I notarize documents in the event someone forges my signa ture and information.

I don't know if you are asking this but a Notary does not attest to the truth of a document; all a Notary does is verify the identity of the person who signed the document - which signature must be taken in front of the Notary. I must actually see you sign the document and I must check (and, if necessary, verify) your ID.

There is case law on this in NYS.

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You can order notary stamps on line and from catalogues - no one has ever asked me to prove I actually am a notary when I've ordered replacement stamps.

Quote:

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Originally Posted by JudyKayTee

When you say the Deed was forged do you mean the signature of the person signing the Deed was forged OR the signature of the notary was forged OR both?

I can only address NYS but an expired or forged Notary does NOT make the instrument invalid. Obviously if the signature of the grantor (person signing the Deed) is forged, then the Deed is a forgery and not valid but you would have to prove it in Court. Not all documents require a Notary seal and it is a simple matter to write/type in the Notary ID info if it is your intent to commit forgery.

I am a Notary and often don't have my stamp or seal with me when I notarize a document. I simply write in my information. I do, however, keep the required records of when/where I notarize documents in the event someone forges my signa ture and information.

I don't know if you are asking this but a Notary does not attest to the truth of a document; all a Notary does is verify the identity of the person who signed the document - which signature must be taken in front of the Notary. I must actually see you sign the document and I must check (and, if necessary, verify) your ID.

There is case law on this in NYS.

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What is the case please? I am going through a similar situation

Quote:

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Originally Posted by Hawk32

Both where fake, notary and signature I've contacted the secertary of state and she has confremed the indavidual was not a notary I have no idea how she got a stamp but i"m going to court just wasn't sure about her not being a notary change having to go to court thank you

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I am going through the same situation. How did you make out with this?

Hello A:

That person is probably long gone. Ask us a NEW question by pushing the ASK about real estate button at the top of the real estate page. Give us as much detail as you can. That way, we can ALL help.

excon

Quote:

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Originally Posted by excon

Hello A:

That person is probably long gone. Ask us a NEW question by pushing the ASK a new question button at the top of the real estate page. Give us as much detail as you can. That way, we can ALL help.

excon

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I'll look at case law when I'm in the office - I thought I had it here but I can't find the cite.

(I just suggested to someone else that the post they answered was over 2 years old and got blasted out of my shoes.)

[Comments on this post
excon agrees: I could use a good blast... ]



Have you noticed that people use the term "incorrigible" when speaking about you? Did your Mother spend a lot of time crying after she talked to your teachers? Or worse yet - do you take after your Mother?

Why, oh why, do I keep feeding you straight lines? I pitch them and you hit them in. I'm the best straight man you've got on this board.

You make me berry, berry wary - or whatever that phrase is.

Coochie, coochie.

Quote:

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Originally Posted by JudyKayTee

When you say the Deed was forged do you mean the signature of the person signing the Deed was forged OR the signature of the notary was forged OR both?

I can only address NYS but an expired or forged Notary does NOT make the instrument invalid. Obviously if the signature of the grantor (person signing the Deed) is forged, then the Deed is a forgery and not valid but you would have to prove it in Court. Not all documents require a Notary seal and it is a simple matter to write/type in the Notary ID info if it is your intent to commit forgery.

I am a Notary and often don't have my stamp or seal with me when I notarize a document. I simply write in my information. I do, however, keep the required records of when/where I notarize documents in the event someone forges my signa ture and information.

I don't know if you are asking this but a Notary does not attest to the truth of a document; all a Notary does is verify the identity of the person who signed the document - which signature must be taken in front of the Notary. I must actually see you sign the document and I must check (and, if necessary, verify) your ID.

There is case law on this in NYS.

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Hello from NY. Where can I find case law on this in NYS

There are several cases - here is one. FindLaw | Cases and Codes

(It's NYS Executive Law, Section 130.)