Anonymous asked in Politics & GovernmentLaw & Ethics · 8 years ago

Notarizing document without signer. Is this fraud?

I have a family member who does notary. I needed to submit a document notarized and signed by my mother. My mother was sick so my cousin who is a notary public did notarize the document without my mothers signature. But before my mother could sign the document, my brother took a photocopy of it and submitted the document. Is this considered fraud? It was a genuine mistake. We have the original now with my moms signature.

We dont want to land in trouble for submitting this document initially.

8 Answers

  • 8 years ago

    YOu should simply resubmit a copy of the signed/notarized document and say that the photocopy was made in error during the signing process. As long as the notary is willing to (lie) to attest to the order and sequence there should be no problem.

    Technically it is fraud and malfeasance on the signer and on the notary. Next time just go get another notary to do the job from start to finish.IN THE PROPER ORDER>


  • Mary
    Lv 7
    8 years ago

    Notarizing a blank form is fraud. The notary can lose designation as a notary. The person who submits a form knowing that it was notarized prior to signature is committing fraud. Your cousin was wrong, and so was your brother. Good luck on having ANY document accepted as genuine at this point!

  • Katy M
    Lv 7
    8 years ago

    It depends on what the notary was notarizing. If she was notarizing the fact that your mother signed it, then yes it was fraud, but not because you submitted it without your mother's signature, but because the notary notarized it before it was signed. How did he or she know that you weren't going to forge?

  • WRG
    Lv 7
    8 years ago

    All a notary does is say that the signature is the of the signer and that they signed it in their presence. That document could loose cousin her notary stamp and make her liable for civil if not criminal liability. It all depends on your particular state laws and who got the document and how much trouble they want to cause.

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  • wizjp
    Lv 7
    8 years ago

    It was a genuine mistake...

    Crap. Every notary knows you don't seal anything without the witnessing the signature; and in most states, you can't notarize a family member's signature at all.

    Source(s): notary
  • 8 years ago

    He submitted an unsigned copy with the notary's signature and stamp on it?

  • 4 years ago

    I've used notarized documents, without the "hard press seal" and it worked just fine. I never had a problem.

  • Debbie
    Lv 4
    8 years ago

    yes it is I suggest you submit the correct document now stating that the wrong one was accidently submitted

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