Apparently the assumed protection of using a NOTARY is bogus!
To be recorded, a document/deed has to be notarized.
The State of Florida is supposed to ‘register and regulate’ Public Notaries.
Your County Recording Department does not verify, or even check that a document is genuine.
Your County Recording Department does not verify or check that the Notary even exists!
Their excuse is ‘High Volume’.
For example, down in Orange County, Florida they might process as many as 3,000 recordings in a single day.
The Recording Department’s excuse is that “State Law, mandates that documents MUST be accepted for recording”.
But the law also includes the requirement “IF they comply with certain minimum requirements”.
So, the question is “Should these fraudulent documents be recorded, when they are not in compliance with the law, because they were not (legally) notarized?”.
Q-Shouldn’t Recording Officials be held responsible for verifying that, in fact, submitted documents do, in fact, comply with the law?
Isn’t verification of notaries available, from the State, on line, in minutes?
Keep in mind that, when you bought or sold your home, the deed was notarized.
Who was that notary?
Fact is, no-one knows and no-one cares.
A Notary ‘registration’ can be easily purchased ‘on-line’ along with the name stamp which you see on your deed and mortgage.
What might be even worse, is that a forged deed or mortgage can then be recorded against your home.
So now, while you’re out of state or on a trip, the fraudster can sell your house, take the money and run.
For whatever reason, your State Senator, Representative, State Attorney or anyone else in government or law enforcement will say it’s not their problem..
It’s up to you, at your expense, to try to get your house back.
NOTE:- One reader claimed “Not a problem for me. I have Title Insurance.”
I told him to call his lawyer who might tell him, “Title insurance covers the Chain of Title PRIOR to your purchase. Anything thereafter is on you”.
There is an increasing number cases where deeds are fraudulently notarized and recorded.
So, don’t be surprised if a friend or neighbor calls to to say, “Hey, didn’t know you were selling your house. Why didn’t you tell us?”
You say, “Are you kidding? We’re not selling.”
Then they tell you “Well, there’s a new “For Sale” sign in your front yard.”
Or, worse, they ask you “Hey, you sold your house?”
You reply “Hell no!”
They say, “I guess you did, because we just met our new neighbors!”
Unfortunately it is happening every day, right now.
Another reader claimed “I pay for protection from (Life-Lock or similar)?)
Fact is these companies claim to help you get your house back, No prevention there?.
As I See It, prevention is better than cure!
It’s unbelievable that you can ‘protect/suspend’ your credit, but there is no law or procedure in law which ‘freezes’ the ownership of your home.
It will take a much louder voice than mine to get anything done.
But, if there’s one issue which should UNITE every American, regardless of race, religion ethnicity, democrat or republican it is this!
Why not start with the Governor and all the candidates running in the upcoming election?
Maybe write up a (notarized, fake) deed to each one’s house.
Then, at the rally or press conference, ask them “Is this a recordable deed to your house?”
Q-Is it a crime if you don’t try to record it?
A-Maybe not, if you say it’s a fake, and it is a fake, where’s the deception?
Might get their attention!
‘til next time……..