Saturday, May 05, 2012

Here's a question for notaries.

If a seller, a spouse in a messy divorce, clearly states that they are signing the deed under duress, do you sign and seal the acknowledgment?

I say no.

What if this person is forced under duress to sign a separate document which says they are not signing the deed under duress?  I know it sounds implausible but that's what one of our readers says happened to her.

How would you handle that situation?


Anonymous said...

I would not! No Way!
Kathy Glor

Anonymous said...

Not exactly the same but similar situation in my office with a seller yesterday. Based on the answers to his questions on the 1099 reporting exemption, a 1099 was in order. When I reviewed the 1099 with him and he realized that he would be receiving a 1099 he got on the phone with his accountant and proudly announces that he will be "changing" his answers to avoid the issuance of a 1099. Sorry Charlie, not how it works. He refused to sign any seller docs and left our office. It's gonna be an interesting upcoming week....