Legal Question in Real Estate Law in Maryland
My mother reluctantly signed documents tranferring her property. The person who asked her to sign then took the papers to a notary public who notarized them although he had not witnessed the signing.of the documents. The property was then tranferred on the property records to a new owner.
Is this transfer legally binding?
2 Answers from Attorneys
It depends on a variety of factors, including whether the new owners had knowledge of the potential fraud, whether the notary was an attorney (or represented a law firm), whether your mother was aware of how the documents were being signed, etc. Consult a Maryland real estate attorney.
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.********
As long as your mother's signature is genuine and there is no element of fraud or duress in procuring her signature, the defective notarization is insufficient to void the deed. Any such challenge would have to be made within 6 months of the date of execution.
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