Notary News

In a scam going back to 2017, the state of Pennsylvania has finally charged the notary at the center of the story, though more than one notary was alleged to be part of some of the transactions.

We have kept our eye on this story, following it with baited breath. The alleged actions of the notary are unconscionable and led to the loss of more than 20 loans in a scam that lasted almost a decade.

To catch up, please check out our previous stories about the Philly Fiasco. We already have three of them to get caught up on the situation. Here is our original reporting on the Philly Fiasco. Here is a follow up to the fiasco, including the state’s remedy to the issue moving forward. Finally, an aspect of the Philly Fiasco went worldwide.

The city came up with a solution called Fraud Guard. It’s website can be found here. It allows both homeowners and notaries to receive email follow ups to any change in status or signing. This allows a back up system for home owners and notaries to stay safe.

The only downside is you must sign up for this service (we understand why). How can they contact you if you don’t give your information? But, it still leaves some wiggle room for those not aware of, or signed up to Fraud Guard.

The biggest change since we last touched this subject is that the notary is not alleged to just being duped or mildly involved. They have now been identified as the ringleader, in a scam that lost owners more than twenty homes.

In 2018, staff at the city’s Department of Records noticed anomalies in deeds connected to [the notary]. In many instances, [the notary] had backdated notarized documents making it appear as though the homeowners had approved the transaction of their properties before they died, prosecutors said. Investigators also found patterns among [the notary’s] documents, such as using fraudulent stamps to indicate [they] had witnessed signatures, and some properties allegedly had been priced below market value to avoid higher tax bills.

Philly Voice

“A notary public is supposed to be someone whose very job is to act as a gatekeeper – to prevent fraud in these cases,” Assistant DA Kimberly Esack said.

This saga has gone on for years. It took a long time to put together charges the state thinks will stick. They even have a list, and map, of the specific properties the notary is being charged with. For brevity, and to stop you from taking a nap, we will not list them all. Additionally, prosecutors said they are not done, and additional deeds are under scrutiny.

The notary has been charged with a litany of charges, totaling 31. These include conspiracy, theft by deception, identity theft, among others. They are also still chasing co-conspirators, who have yet to be identified.

While some home owners have been able to recoup their homes, others are still pending in civil court. Can you imagine being ousted for your homes and then having to take years to get it back? We mean, how long does it take to figure this out, and to dole out justice. Most importantly, getting home owners back into their homes.

As always, we’ll keep you updated as this very slow process moves along.

April 2025

We talked about this Nebraska court case recently, after the district attorney’s office appealed dropped charges against a notary. This all goes back to alleged fraudulent signatures regarding getting legal medical marijuana.

When we last wrote about the topic, the court had dropped charges against the notary. The district attorney appealed.

Well, that appeal is done.

The charges against the notary are back on. All twenty-four of them.

The court ruled that the lower court erred in dropping the charges. This all goes back to a medical marijuana initiative, and the notary was charged in regards to ninety-eight ballots. They are alleged to have egregious errors, including incorrect birth date, among other details.

The charges accuse the notary of official misconduct.

The case is around the definition of official misconduct. Judge Corey. He found that under state law, a notary public is not a public official, and therefore cannot be charged with official misconduct.

But, judge Andrew Butler, the Hall County District Court Judge did not concur.

Butler wrote, “This language clearly shows that a notary public is public servant as an officer.”

He reinstated the charges and ordered that the prosecution proceed in Hall County Court.

Both medical marijuana initiatives — one legalizing medical cannabis and one regulating it — made it onto the ballot.

Nebraska Now – KLKN

Both initiatives still made the ballot and passed. A Nebraska judge found there was not enough fraud to stop the initiative, even with the alleged violations of the notary.

Again, we will keep you updated as new information comes forth. But, just because this appeal went quickly, the remaining process may take some time.

We thank you for reading Sunshine Signing for your most recent notary news.

April 2025 sees some new rules for notaries in the state of Ohio.

Much of it updates or rolls back rules enacted in 2023. The 2023 package updated the rules, but its details were sketchy. It opened up a whole lot of questions, and so turned into stop gap rules.

The rules introduced a lot of things about who could become a notary, how a notary verifies identification, as well as what a notary can charge.

Requirements to Become a Notary

The new rules specify only Ohio citizens may become notaries in Ohio. Non resident attorneys are also allowed. There was a question about reciprocity for notaries, but that was clarified. A notary from another state may not hold a license as an Ohio notary, again, unless they are an attorney.

Identification

Wow, looking at the rules the ways to verify someone’s identity was not well thought out. What type of identification is involved in someone proving who they are? No specific ones.

The new changes state that a notary has “satisfactory evidence” of the identity of the person appearing before them if the notary can identify the person by either a passport, driver’s license, government-issued nondriver identification card or other form of government-issued identification with the signature or photograph of the individual. Further, the changes state that the identification provided needs to be current or expired no more than three years before the notarial act.

Legal-Ease

Beyond this a witness may attest to the identity of a signer. But, the notary must know the witness. We think this opens up the path for furthered sketchy signings, but it is a step ahead from the 2023 rules. On the bright side, a notary can still refuse any sort of identification if they are not comfortable with it.

You Can Charge More

Go ahead and do your funky dance, but don’t get too excited.

A notary can now charge up to $30 for a remote signing. The notary may also add a $10 technology fee.

The neat thing about the technology fee, is it can be charged whether a signing is complete or not. Even in cases where where the notary refuses to sign because of identification.

The $10 fee may only be charged once per RON session.

What about if I go Mobile?

The new 2025 rules allow notaries to add an additional fee for traveling. It does not specify an amount for the traveling cost.

1 Strike and You are Out

The last main rule pertains to notaries who had had their licensed revoked. They may no longer be allowed to regain the privilege of being a notary at any point.

A new version of a bill that was introduced in 2023 is here. The SECURE Notarization Act of 2025 has been introduced to the Committee on Energy and Commerce in the House of Representatives.

Oregon Republican Representative Cliff Bentz is the originator of the bill, which is now called H.R. 1777.

What the SECURE Notarization Act Does

We are going to go through the basics. Please understand we are not lawyers, so take our review with a pinch of salt.

The SECURE Notarization Act of 2025 aims to install standards for interstate commerce, notarizations done beyond state lines. It will install minimum standards states must follow when dealing with situations when the notary assigned is not from the state of signing.

Basically, any signing affecting interstate commerce falls under the purview, and other things like judicial proceedings. The bill does not specify every situation, although it does go into detail on many as you dig through the bill.

Both states and federal institutions will have to acknowledge and follow the new rules (if the bill navigates all of the steps and gets passed).

Whose Rules to Follow

Signings still must be done under the laws of the state of the notarys’ licensed state. State courts must follow this. Notarys’ must also follow the minimum directives set forth in the bill.

While this makes courts follow the laws put forth in other states, but makes it easier on notaries, as they only need to follow the laws of the state they are licensed in, as well as the minimum requirements set forth in the bill.

If the Notary is in the Wrong

The SECURE Notarization Act of 2025 puts forth rules regarding the sanctioning and false advertising of notaries. Of note, is that the rules set forth are many of the same as the recent bill we wrote about concerning Florida notary law on Notarios.

States are still in charge of sanctioning notaries, including suspensions and rejections.

Nothing in this Act may be construed to prevent a State, or a notarial regulatory official of a State, from— establishing requirements and qualifications for, or denying, refusing to renew, revoking, suspending, or imposing a condition on, a commission or appointment as a notary public;

False advertising under the SECURE Notarization Act is mainly focused on notaries that are not licensed lawyers in their state.

An emphasis in placed on notarios. Notaries would no longer be allowed to call themselves a notario or notario publico.

Unless specific rules are in place for the notary, they would no longer be able to say they give immigration advice or advice on how to become a United States citizen.

Our Thoughts on the SECURE Notarization Act of 2025

The SECURE Notarization Act of 2025 would be a step forward in uniting rules between states, and potential freeing up notaries for more work. While the current version is still vague, these bills tend to mature as they go through the process.

The process?

It is important to remember this bill has only been recently introduced to the House of Representatives and sent to committee.

There is a long way before it can become law.

The House would have to vote yes on it, it would have to be sent to the Senate who will draft their own bill, which is then negotiated with the House bill. The Senate would then have to vote yes and it would be passed to the president.

The SECURE Notarization Act of 2025 would take some good steps into establishing signings between states. This would simplify the process, even though some laws between states vary.

We’ll find out if it gains any traction in the House and Senate.

While we come across the occasional article about notary fraud, it is not something that seems to be too widespread. We did in the past speak a bit about notarios, notaries that focus on immigrants, some taking advantage of the situation.

Enter Florida Bills SB 846 and HB 915. They both focus on stopping notario fraud on immigrants.

The definition of a notario is different for many countries, and immigrants often believe information given to them that is not allowed under United States Law. Some represent themselves about giving advice on immigration law.

In many South American countries, notario publicos are highly trained legal professionals on par with lawyers. They can provide legal advice, as well as draw up legal documents.

This has led to many immigrants being confused on the situation, and seeking advice from a notario publico that is not allowed to advise on those situations.

Abolish Notarios

While not that dramatic, the bills would no longer allow notaries to advertise or represent themselves as notarios or notario publico. They must also refrain from using any other title that makes the public believe that they are able to give legal advice, be that for immigration or other purposes.

But, that is not all.

Notaries must also provide clear information they have any title which allows them to give legal advice on immigration and other types of laws. While it is not known the definition of clear, some signage or flyer would probably do the trick.

Moving Forward

One presenter of the bill is Senator Tina Polsky. Polsky believes this bill to get traction, as the state has recently held two special sessions on immigration.

Polsky, a lawyer herself from Boca Raton (about an hour north of Miami) believes the bills will be front and center during the session in the Sunshine State, much as it is nationally.

“Due to the high priority this Legislature and (Gov. Ron DeSantis) placed on immigration, I hope that our legislation will be a priority … to address the ongoing issue of fraud and provide vital legal resources for our immigrant community,” she said in a statement.

“I look forward to working with my colleagues, community advocates, and legal experts to bring this bill to life and make Florida a safer place for all who call it home.”

Representative Marie Woodson of Hollywood (a suburb of Fort Lauderdale) explains the laws of protection are not enough to snuff out notario abuse. She is from Hollywood, Florida, but spent much of her youth in Haiti.

“Many victims fearing retaliation or uncertain about their rights to not report these fraudulent practices, allowing bad actors to continue operating with impunity,” she said in a statement. “That is why our proposed legislation seeks to require cleaner disclosure requirements for non-attorneys offering immigration-related services.”

This is not the first time that this issue has attempted to be addressed. It was just last year. The bill passed the Senate, but fizzled out in the house. This came on the heels of several high profile incidents of alleged fraud. Some of those charges were later dropped.

The bill also addressed acts aimed at stealing home from the elderly, reminiscent of the Shasta Signings.

The Florida legislative session started on March 4th.

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March 4th is a rare public workshop for notaries. The event will be held at Cayuga Community College in Auburn New York.

Noted speaker Alfred E. Piombino will be leading the session, which will last from 9am to 1pm. Parking for the event is free and there is public transportation at the college.

The class itself is $125. That includes study material. This consists of two books, Notary Public Register and Recordkeeping Protocols, as well as Notary Public Handbook: A Guide for New York.

Attendance at this seminar is a must for every prospective Notary Public to properly prepare for the serious legal authority, duties and myriad responsibilities of holding this public officer appointment,” said Alfred E. Piombino, the course pioneer and faculty.

“Simply taking and passing the 40-question examination, implemented in 1950 by New York Secretary of State Thomas J. Curran, is a good start, but it’s not sufficient preparation by itself to fully understand and execute all the required duties,” said Piombino.

The renowned course taught by Piombino will provide far-reaching reviews of the duties and responsibilities of New York Notary Public. It also will teach official state law examination preparation.

“First appointed as a New York Notary Public in 1981, I easily passed the state law examination because I was a business school student, but I really didn’t fully understand the scope and depth of my duty which inspired my further legal research,” he adds.

“This frustration with a lack of accurate, adequate resources sparked my sense of intellectual curiosity and was the catalyst of forty years of passion for dedicating myself to this niche, legal scholarship, researching, writing and teaching – to not only help other legal practitioners better protect themselves from legal liability, but also to protect the integrity of the civil and criminal court systems,” adds Piombino.

“Notarial legal ineptitude, intentional or unintentional, definitively leads to the insidious denigration of all courts, erodes public confidence and stymies good-faith efforts to effectively and fairly deliver justice to litigants, victims and defendants,” Piombino emphasized. 

The New York Secretary of State conducts the testing portion. This is done through the Department of State. Four sample law exams and answer keys are given to each attendant to help facilitate learning.

Members of the Civil Service Employees Association union may submit a voucher to cover the cost of the training. The CSEA Tuition Benefit Voucher is available to reimburse union member state employees for the New York State Examination fee.

Space is limited. To find out more or sign up for the training event visit the Cayuga Community College website here Cayuga Community College Office of Community Education & Workforce Development Courses .

In an attempt to prevent deed fraud, the state of Georgia has updated its notary laws in 2025. The new requirements are aimed at better training, better security identification, as well as updated rules for notary journals.

The journal requirements focus on record keeping for exempt entities versus “self-filers”. Exempt entities are associated with exempted professional groups. These include attorneys and title insurance agents.

Requiring record keeping, there were some legal questioning surrounding the current laws. In a strange move, personal knowledge of the signer is still sufficient for the signing.

Confirmation of Identity: To address ambiguities in the prior statutory language, the new law clarifies the acceptable methods for confirming the identity of signers, oath-takers, and affirmants. The previous statutory language allowed identity verification through “personal knowledge or satisfactory evidence,” with only one example of “satisfactory evidence:” a Veterans Health Identification Card issued by the U.S. Department of Veterans Affairs. The amended statute replaces the vague standard with a requirement for verification using government-issued photo identification documents (valid driver’s license; personal identification card issued under Georgia law; or military identification card—still including a Veterans Health Identification Card).[3] Personal knowledge remains a valid method of identity confirmation under the new law.

National Law Review

Educational requirements have also been updated, requiring testing before the initial license, as well as thirty days before each renewal.

How do I know if the Notary Journal is Required for any Specific Signing?

It’s a simple five step process that should help you navigate the new law. We’ll list the steps below, but we recommend you follow up the the text of the bill, or use the link above to the National Law Review.

1. Identify the type of document
2. Determine if signer is a “self-filer”
3. Verify the individuals identity
4. Record required information into your journal
5. Maintain your journal.

Nothing too mind bending here, just a couple of more hoops to jump through that make common sense.