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Six Critical Errors That Could Lead to Legal Action Against Notaries for Fraud and Malpractice

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  The role of a notary public, while often viewed as merely procedural, carries significant legal responsibilities πŸ“œ. Notaries serve as impartial witnesses to the signing of documents, playing a crucial role in deterring fraud and ensuring that signatories are fully aware and willing participants in the agreements they enter into πŸ–Š️. Despite the straightforward nature of their duties, notaries must navigate potential pitfalls that could lead to serious legal consequences, including allegations of fraud and malpractice. This article explores some of the most serious mistakes notaries make. 1- Notarizing for someone who isn’t present at the time 🚫 The primary purpose of notarization is to deter fraud and ensure the trustworthiness of signed documents. Notarizing in the absence of the signer eliminates the opportunity to perform essential checks and facilitates fraud and document tampering πŸ“‘. Notarizing for someone who isn’t present undermines the legal foundation of notarization and

Two Judges from Mecklenburg Admit to Breaching Notary Regulations

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  On Friday, two judges from Mecklenburg County admitted to minor offenses related to notary public duties. District Court Judges Roderick Davis and ShantΓ© Burke-Hayer faced these charges for actions that occurred prior to their election, specifically during a time in May 2022 when they shared office space, as stated by their attorneys in court. The North Carolina Department of the Secretary of State initiated an investigation following a complaint from one of Burke-Hayer's clients. Judge Davis acknowledged his guilt for performing an oath without the presence of the principal involved and for two instances of acknowledging documents without the principal. Similarly, Judge Burke-Hayer admitted to assisting in the administration of an oath and acknowledging documents without the principal's presence, totaling two counts for each action. Her lawyer, Harold Cogdell Jr., mentioned in a press release that Burke-Hayer was involved in the notarization of three documents without the si

Understanding Attested Written Wills in North Carolina

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  When it comes to planning for the future, especially in terms of what happens to our possessions after we pass away, having a will is crucial. In North Carolina, the law provides specific guidelines for creating a valid will. One type that is commonly used is known as an "attested written will." But what does that mean, and how do you ensure your will meets the legal requirements? Let's break it down into simpler terms, referencing the North Carolina General Statutes, specifically G.S. 31-3.3. What is an Attested Written Will? An "attested written will" sounds complex, but it's actually straightforward. In layman's terms, it's a will that you write down and then have witnessed by others according to the law. North Carolina's statutes lay out clear rules for how this process should happen to make sure your will is legally binding. This is important because it helps prevent any disputes over your will after you're gone. The Legal Requirements

NC Lawsuit: Can Non-Lawyers Speak the Law? First Amendment Clash Over Legal Advice

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  A new lawsuit filed in federal court argues that the North Carolina’s prohibition on nonlawyers providing limited legal services violates the First Amendment. The suit, brought by the North Carolina Justice for All Project and the national Institute for Justice, contends that the state’s Unlawful Practice of Law (UPL) laws unconstitutionally restrict speech and deprive residents of opportunities for less expensive legal advice. The plaintiffs argue that the UPL laws are overly broad and sweeping, prohibiting nonlawyers from providing even basic legal services, such as helping clients with simple legal forms or representing them in uncontested divorces. They say that the laws stifle competition in the legal industry and make it more difficult for people to access affordable legal help. The plaintiffs point to other states that have successfully expanded access to legal services by allowing nonlawyers to provide limited legal services. For example, in California, nonlawyers can provide

Medical Care Decisions and Advance Directives: What You Should Know

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  **Introduction:** Medical care decisions and advance directives are essential tools for ensuring that an individual's healthcare preferences are respected and followed, even if they become unable to communicate or make decisions for themselves. This article provides an overview of the key aspects of medical care decisions and advance directives based on the document provided by the N.C. DHHS: Division of Medical Assistance. **What is an Advance Directive?** An advance directive is a set of directions given about the medical and mental health care one desires if they ever lose the ability to make decisions for themselves. In North Carolina, there are specific conditions under which an advance directive becomes effective: 1. If the individual becomes incurably sick with an irreversible condition that will result in death within a short period. 2. If the individual is unconscious and it's highly unlikely they will regain consciousness. 3. If the individual has advanced dementia

The Notary's Right to Refuse Service in North Carolina: A Comprehensive Understanding

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Hello NC Notaries and General Public! Today we're tackling a particularly critical aspect of notary practices in North Carolina: The Right to Refuse Service. In the line of duty, notaries are faced with a myriad of documents, each with its own importance and implication. It's the notary's duty to notarize documents that are legal, truthful, and in the interest of public good. This role, however, also brings up the question: What if a document contains false information? Can a notary refuse to notarize such documents? Let's dig into the specifics and find our answers in the North Carolina General Statutes (N.C.G.S. 10B-22(a)) and North Carolina Administrative Code (18 NCAC 07B .0903). # Right to Refuse Service: A Notary's Stance According to N.C.G.S. 10B-22(a), a notary is strictly prohibited from completing a notarial certificate if he or she believes it contains false information. This statute ensures that notaries serve as a trusted and integral part o

Organizations for a North Carolina Notary

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As a notary public for North Carolina we oftentimes wonder how can we have access to resources that will help us more in our field. The Secretary of State is a good start because it has a wealth of information on their site: www.ncsos.gov/notary will give you a lot of assistance. Periodically the layout may change so I encourage you to set 15 minutes or more to navigate through the site to familiarize yourself with what they have we can utilize. In my training I go over "loose certificates" that are all found on the SOS website. Many of you notaries have heard of the NNA aka National Notary Association. Well this association is great for a lot resources mainly for notaries that are interested in becoming "independent contractors" or "signing agents" to facilitate mortgage loan closings. Due to their time of being in business and the notaries they have assisted in all 50 states they are known as the preferred company by many signing services that will consi