Notary Fraud & Malpractice

In 1985, a landmark decision by the Texas Court of Appeals highlighted a critical lesson about the limits of a notary’s authority. The case, Garza v. Serrato, involved a Texas notary public who unknowingly stepped beyond her jurisdiction, sparking a chain of events that ultimately overturned a multi-million-dollar verdict.

Despite advancements in technology, property fraud is a growing concern in the United States, affecting homeowners, real estate professionals, notaries, and financial institutions. This type of fraud occurs when criminals manipulate property records, forge documents, or illegally transfer ownership of real estate without the owner's knowledge

The role of a notary public, while often viewed as merely procedural, comes with significant legal responsibilities. Notaries act as impartial witnesses to the signing of documents, and by so doing, they help to deter fraud and ensure that signatories are entering into agreements knowingly and willingly. However, despite the seemingly straightforward nature of notarial duties, there are pitfalls that, if not carefully avoided, can lead to serious legal consequences including allegations of fraud and malpractice. This article explores some of the most serious mistakes notaries make.