Legal Question in Legal Ethics in California
Notary Unprofessionalism
A mobile notary which handled the signing of our loan docs failed to return the docs to the lender at the agreed time. This caused us to miss a closing & funding deadline and resulted in the denial of our loan. We are in foreclosure and this was our only chance of obtaining a buyer for our property. We are now facing losing our home. Is there any way she can be held responsible for this? Is this an errors and omissions violation? Please advise. Thank you.
1 Answer from Attorneys
Re: Notary Unprofessionalism
As I understand an independent notary's responsibility, he/she is only to acknowledge the signatures, record your signatures, thumbprints and identification in his/her book, and return the documents to you. I do not believe a notary is required to submit documents to the lender, unless he/she is employed by the lender and his/her additional responsibilities are to deliver the documents to his/her employer. If so, then the lender could be held liable for the result of the notary's failure to do what he/she was required to do.
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