Saturday, January 3, 2015

“Show me the note” claims find new life in recent Arizona decision (Important info!)


Source:  Lexology.com
Date:  February 11, 2014
Author:  Gregory J. Marshall and Daniel W. Huitink, Snell & Wilmer LLP

Important to notaries because...This case is about problems with mortgage loan documents--the notarial certificate contributed to the court's decision. 

“Show me the note” claims find new life in recent Arizona decision

The pull quote below is the part that is most important to notaries.

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...Steinberger alleged that the notary on the deed of trust assignment “did not personally witness” the signature and rather notarized the document six weeks later. Of course, notaries do not need to witness signatures for them to be valid under Arizona law. Das v. JPMorgan Chase Bank, N.A., 2012 WL 1658718, at *2 (D. Ariz. May 11, 2012) (“A notary need not actually witness a signature or ask for photo identification for the notarization to be effective.”); Nichols v. Bosco, et al., 2011 WL 814916, at *4 (D. Ariz. Mar. 4, 2011) (“Arizona law does not require a notary to actually witness a signature.”). Nonetheless, the Court of Appeals found that allegations such as these have the capacity to “seriously undermine the validity of the title transfers” if proven true.
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Read the entire article here.

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