ADMINISTRATIVE LAW OPTIONS: Notarization License Revoked Upon Complaint

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A COMPLAINT FILED WITH THE ADMINISTRATIVE AGENCY THAT ISSUES LICENSES AND CHARTERS COULD HAVE FAR-REACHING CONSEQUENCES ON ESTABLISHING THE CREDIBILITY OF THE BORROWER’S POSITION.

One of the areas of concentration in my own law practice was administrative law. It sounds dull. It isn’t. But it does have its own set of rules and procedures. In Florida it is a the Department of Administrative Hearings, where hearing officers are in the role of judges who rule on EVERYTHING except issues interpreting the State or Federal Constitution. It is a quasi-criminal procedure so the licensee, whether it is a notary, mortgage broker, bank or whatever, can plead the 5th Amendment protections and cannot be required to testify — but we all know what that leads to in terms of the investigation. And usually, the people contacted by investigators for the Board that regulates each licensed professional, speak far more freely to investigators than they would to someone who identified themselves as a member of law enforcement.

Some long-term readers of the blog will remember that I have written extensively on this subject and that I have forms in the foreclosure forms where you send grievances to the licensing board. The strategic advantage is that the investigation and prosecution is done by the agency without any expense to the borrower or the borrower’s attorney. And they apply the laws, rules and regulations VERY strictly because that is their job. It is actually rare, unless the licensee is properly represented (and usually that is not the case) that a licensee won’t receive some sort of  discipline for improper actions taken in YOUR case. It might not go as far as the case cited above in the link where the licensee is revoked, but it often does.

NOW you go to court and tel the Judge that the Notary was already found to have violated the oath of her office when she executed these documents, and you have a judge who is bound by a finding of an administrative agency. The same allegation made directly tot he judge would probably be dismissed by him or disregarded as unimportant. The finding by the administrative board, forces the Judge to call into question the validity of the document relied upon by the pretender lenders.

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