Protecting the Integrity of the Notarial Act: Lessons from the Buncombe County Real Estate Fraud Case

 


In North Carolina, the role of a notary public is to serve as a disinterested witness and a gatekeeper against fraud. When that trust is violated, the consequences are severe—not just for the victims who lose their homes, but for the professionals involved.

A significant multi-year investigation by Notary law enforcement agents with the North Carolina Secretary of State’s Office recently concluded with a powerful reminder that no one is above the law. Robert P. Tucker II, a 63-year-old attorney, has been sentenced to a minimum of 48 months and a maximum of 70 months in prison.

The Scheme in Buncombe County

Tucker was convicted of felony Obtaining Property by False Pretenses and Conspiracy to Obtain Property by False Pretenses. The investigation revealed a sophisticated scheme where Tucker and two other defendants conspired to strip victims of their homes by filing fraudulent property records and court documents.

What makes this case particularly striking is that the victims included individuals with law enforcement backgrounds, proving that anyone can be targeted by determined fraudsters. Secretary of State Elaine F. Marshall emphasized the gravity of the situation, stating, “Mr. Tucker took terrible advantage of a homeowner... and participated in a sophisticated scheme to cheat the victim out of the family home.”

The Role of Notary Fraud

While Tucker has been sentenced, the legal battle continues for two other defendants awaiting trial who face additional charges specifically related to notary fraud. Key figures in the case, such as Lisa K. Roberts, have faced numerous felony counts for falsely acknowledging signatures and forging deeds.

This case highlights why the North Carolina Secretary of State’s Office maintains such a rigorous oversight of notarial acts. When documents are improperly notarized or forged, it creates a "paper trail" of deception that can take years for law enforcement and special prosecutors to untangle.

Our Commitment to Excellence

As North Carolina notaries, we are the front line of defense in real estate transactions. This story serves as a sober reminder of why we must never take shortcuts, why we must verify every signer's identity, and why we must stay educated on the latest laws and fraudulent tactics.

The Secretary of State’s Office proved that they are dedicated to pursuing those who undermine the integrity of our public records. As professionals, we must be equally dedicated to upholding the high standards of our commission.

To improve, gain more practice, and or build up confidence in notarizing documents joined one or all of our notary continuing education training for North Carolina notaries throughout the year. Get more information at, https://www.ncNotaryTraining.education/training.

   


Legal Disclaimer: NC Notary Signing Services strives to provide precise and current information through our newsletters. However, the contents are intended for informational purposes only and should not be construed as legal advice. We do not present ourselves as attorneys and cannot assure the information's accuracy, completeness, or reliability. It is recommended to consult a licensed attorney for legal matters. NC Notary Signing Services, its employees, or contractors will not be liable for any claims, penalties, losses, damages, or expenses arising from or related to the use of information in our newsletters. Notaries should seek guidance from their state’s notary authorities or legal advisors for legal queries. If any part of this disclaimer is found to be invalid by a competent authority, the remaining sections will continue to be effective.

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