Legal Question in Personal Injury in Indiana

Negligence, Fraud of Notary Public

I recently discovered that financial documents {Power of Attorney and Mortgage Loan Documents} obligating me for hundreds of thousands of debt were submitted to a financial institution. The Notary attested that I personally appeared

when in fact me signature was forged.

The debt caused financial loss to me personally of 100's of thousands of dollars. Can I hold the Notary financilly responsible for my financial losses?

Asked on 1/28/03, 5:09 pm

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Negligence, Fraud of Notary Public

You could have a great stew of litigation, and the notary public will contribute just a few morsels of mushroom. The notary public bond requirements are very low, maybe even only a $1,000, so unless you have an unusually rich notary, you will obtain a worthless paper judgment. The meat and potatoes should be the financial institution, which can be forced to rescind the transactions, and the perpetrator. All of which presumes that you yourself didn't have a hand in creating and benefitting from the situation. The financial institution can make a bond claim and recover its loss. The bonding company will require your cooperation in prosecuting the malfeasor. In any case, you need to collect a bag of money and cheerfully pay it to an experienced consumer protection attorney, who can review your situation in detail and provide counsel about the best steps. Good luck.

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Answered on 1/28/03, 8:52 pm
John Bator Bator Redman & Shive

Re: Negligence, Fraud of Notary Public

It should not get that far. You need to contact the lender and advise that your signature on the documents is a forgery. They should ask you to sign an affidavit to that effect and cooperate with the FBI in tracking down the forgerer and the money. If necessary, you can hire a handwriting expert.

Since the documents were notarized, let the FBI deal with the notary although you have the right to sue for damages.

Hire an attorney to guide you through the legal mess and get you out of any obligation to the bank

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Answered on 1/28/03, 5:55 pm

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