Posted by John Merchant on July 15, 2003 at 13:48:54:
About the Notary’s signing without personally seeing the signer, I sure have doubts…if the NP’s acknowledgement says “personally appeared”, when that didn’t happen, I’d think that a court might very well enter a rescission order, basically saying it didn’t happen, because the doc didn’t comply with the legal requirements for same…and the deed & any other docs so “notarized” were and are invalid.
I’m surprised any NP would go along with that, but I’ve seen more egregious examples…e.g. a NP taking an acknowledgement by phone, NEVER seeing the client or his photo, having NO proof or evidence that the signer did sign, or knowing anything of his ID, etc.
But of this I am: You’ve got a very strong position so I’d hang tough & don’t even talk to lawyer or her client. The client has a choice now as to whether come up with the lawyer’s fee or not, and she may not have the money to do it and the lawyer might not be willing to gamble on a favorable outcome…so the deal may die and leave you in existing status quo, with you in title, etc.
For sure, put nothing else in writing except eviction process. And don’t talk to the lawyer or her client, so they have to put all in writing which is unfavorable to them, but very favorable for you and your lawyer.
You’d better be seeing your lawyer and having him/her stand by to file a court defense for you if you are sued. Better to be ready than sorry.
By the way, the NP should also be alerted to stand by and have his/her own lawyer ready to defend. If you’re sued, so will the NP be sued, and he/she has a bond to go after so is maybe a pretty good target…and the NP should immediately notify the insurance company on that bond that this witch’s brew is heating up, so that insurance company’s lawyer can be ready to defend that NP.
The NP should NOT wait another day to alert the ins.co. as any delay might cause them to refuse to defend the NP, or pay any claim!