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EDITOR’S NOTE: Here is a good place to start — the devil is in the details. You will find that the more you probe the more people and bad documents emerge. Persistence pays. Here is a letter that one homeowner just sent to the notary. The thing I like about going after the notary is that they are low-hanging fruit for homeowners.
First of all there is that SURETY bond which varies from state to state but frequently amounts to $15,000 more or less. That makes the inquiry worthwhile if you discover anything material, which probably is the case.
Second, it forms the basis for a complaint to the licensing board for the notary where you already have one violation established and the other alleged: that they appear to have notarized the signature of someone they never met or they allowed someone else to pose as a notary and impersonate the actual notary while the signatory on the fabricated document was impersonating yet another person.
THIRD, THE MORE COMPLAINTS THAT GO OUT AGAINST THESE FALSE NOTARIZATIONS THE MORE LIKELY THE NOTARIES ARE GOING TO DODGE CRIMINAL ACTION BY SINGING THEIR HEARTS OUT.
Fourth, the more holes you punch into the foundation of a document, the less likely it will be admitted into evidence.
I like it. It has teeth. John Stuart is a great resource on Notary issues.
August 22, 2011
Via Certified Mail #7009 0820 0001 9260 0787
Rhonda Rorie
C/O Cal-Western Reconveyance Corporation
525 East Main Street
El Cajon CA 92020
RE: Notary Journal Entry Request
Dear Ms. Rorie,
Your notary commission expired on May 16, 2010, therefore, pursuant to California Government Code Section 8209, Within 30 days from the date the notary public commission is no longer valid, the notary public must deliver all notarial journals, records and papers to the county clerk’s office where the oath is on file. If the notary public willfully fails or refuses to do so, the notary public is guilty of a misdemeanor, and shall per personally liable for damages to any person injured by that action or inaction.
According to the San Diego County Clerk’s Office, you have not delivered the required documents to their office and are in violation of the above referenced Government Code.
Therefore, pursuant to California Government Code Section 8206c, I am hereby requesting through an official written request for a photo static copy of a transaction in your notary public journal. The requested transaction is as follows:
Notice of Substitution of Trustee
Executed by Pamela E. Campbell, as Assistant Secretary of MERS
XXXXXXXX, Trustor
Acknowledged on March 23, 2009
Finally, pursuant to California Government Code Section 8206c, you are required to respond within 15 business days after receipt of this written request.
You may mail the requested information to my attention;
HOMEOWNER NAME
ADDRESS OF HOMEOWNER FOR RECEIPT OF LEGAL BUSINESS
Thank you for your immediate attention to this matter.
Sincerely,
HOMEOWNER


