The Snowbird Who Never Showed
Dana is commissioned in Arizona. Her neighbor, Priya, asks Dana to notarize a grant deed transferring Priya's Tempe condominium to her son. Priya is in Minnesota for the winter and emails Dana a scan of the signed deed, saying her son will bring the original by on Thursday. On Thursday the son arrives with the original deed already bearing Priya's signature and a notarial certificate Dana's name pre-printed on it. He says his mother signed it before she left, watched a video call while he signed nothing, and that she told him to 'just get it done.' Dana has never met Priya in person this year and has no journal entry for her. The son is impatient and mentions the closing is Friday. Dana's commission is active and her seal is in her bag.
1. Can Dana complete the notarial act as presented? Identify the specific defect and what she must refuse to do.
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No. A notarial act requires the signer to personally appear before the notary at the time of the act. Priya signed earlier and is in another state; the son's appearance is not Priya's appearance. Dana cannot notarize based on a pre-signed document, a video call, or a family member's assurance. She must refuse to attach her seal and signature to the pre-printed certificate, because doing so would falsely certify Priya's personal appearance. She should also be careful not to 'correct' the situation by having the son sign anything or by backdating. The correct answer is to decline and explain that Priya must appear before a notary in Minnesota (or another notary where she physically is) or appear before Dana when she returns.
2. The son offers to pay Dana double her usual fee if she 'does it anyway.' How should Dana analyze this, and what are the consequences she should consider?
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Accepting the fee would not change the analysis; it would convert a technical defect into an intentional violation. Dana should decline the money. She should weigh: (1) the certificate would be false as to personal appearance; (2) recording a deed with a false certificate exposes the transaction to challenge and Dana to liability; (3) her journal would be inconsistent with the certificate, creating a record of the problem; and (4) disciplinary exposure for misconduct and for notarial acts performed without the required appearance. The Friday closing deadline is not a legal justification. A practical path is to tell Priya to use a Minnesota notary now or to schedule a proper appearance with Dana before closing.