Legal Question in Personal Injury in California
what is the penalty for serving as a witness of a notarized warranty deed that states a false marital status? The witness signed the document in California for a purchase in Florida (my husband and his girlfriend). My husband used my home's HELOC to do the purchase and declared himself "a single man". We are now in the process of divorcing.
3 Answers from Attorneys
There is no penalty if you dont get caught and unless there is a problem with the mortgage then nothing will likely occur.However the applicable penalties for perjury would apply where the perjury occurred and also where the property is located.It depends on which jurisdiction would pursue an action.
Mr. Nelson is completely wrong. A witness only witnesses the signing of the document. They are not responsible for anything to do with the contents.
I agree with Mr. McCormick. The notary and the witness are only there to verify that the signature is genuine. They usually have no way to know whether the contents of the document being signed are accurate. In this instance, I don't see how they should have known that your husband was married. As long as they checked his identification and properly vouched for his signature, they should not be liable for any falsehoods in the document itself.