What do We Know About the Fiasco in Texas?
When this first hit our radar a couple of weeks ago we thought we probably would not talk about it. But, again, many national outlets cover a story, but they don’t tell us what we want and need to know, and that is problematic when you need to really understand a topic.
Many of you probably remember we covered a signing earlier this year that was in the mainstream news. It elicited passionate responses and brought up good points. It set all kinds of records for website traffic for us, but at the same time, the craziness that surrounded it all detracted from the points that needed to be made.
So we are going to try and leave the circus out of this. (good luck, huh)
Dallas Notary Suspended
A Dallas area notary has reached a settlement with the state of Texas regarding a signing involving two prominent individuals in 2016. The settlement is said to include a three month suspension of notary duties, plus additional training and testing before she regains her commission.
The notary still stands by her work, and states that the only reason she settled with the state is to finally put this behind her, according to statements made by her attorney.
As to the notary:
“As a notary, it has been a consistent practice of mine to adequately document the identification of the person whose signature I have notarized, as required by law.”
So What was the Suspension For?
So you get this great signing and it goes wrong for all the wrong reasons. But, if something happens, it stays with that signing, right? Right now the most prevalent thought is that the suspension is for this particular high profile signing.
But, was it this particular signing that caused the issue, or did it just cast an unseemly spotlight on every signing the notary has ever done?
According to Texas officials, it was a little bit of both.
- The notary failed to properly witness and document the signature for the high profile signing.
- Further investigation into prior signings revealed additional violations. — Thanks to The Dallas Morning News
You kind of get the feeling, that if someone audited everything you ever did, they are bound to find a mistake somewhere. No one is perfect, no matter how hard we may strive to be. And the sheer thought that one signing could rule them all is pretty scary.
So, it makes you wonder if something was wrong, or if the search for something wrong was so strong it was just better to get out of the way.
Making the Best Out of a Bad Situation
In business, we love to say we are looking for a win-win situation. But, what about when you are stuck in a lose-lose situation?
Seriously, what do you do when every option you have is bad? Do you fight it out until the end, or do you try to escape with as little damage as possible?
The answer to that probably depends on the person, but when you look at a situation that could stretch out for an unknown amount of time, it is hard to blame someone for taking a lesser or more minor infraction, so they can move on with their lives.
Yes, having to take any settlement is onerous, especially when you know you are in the right, but let’s take a look at the alternative.
- The notary has already been living in limbo for 6 months or more.
- The notary would continue to live in limbo for an unknown amount of time into the future.
- The result at the conclusion may be equal to, or worse, than the agreement that has been entered.
- Continuing to have your name associated with either of the parties to the signing is bound to cause further problems, especially when considering what the signing was for.
- We seek justice, but when politics gets involved the outcome becomes unpredictable.
So, it’s not hard to see why someone might just want to move on with their lives.
Unfortunately for her, damage has been done. Her name has been dragged into a national conversation we are sure she wanted nothing to do with. We wish her the best moving forward.
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1 thought on “What do We Know About the Fiasco in Texas?”
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Here is a fun story for you…
Right now there is a case before the 11th Court of Appeals in Texas involving a notary and me. I sued her because she notarized forged signatures, failed to keep a log, and refused to present her log. The SOS investigated her and suspended her. Her failures authenticated inauthentic documents which bore a material impact on multiple lawsuits.
The court is being asked to define when a writing becomes an affidavit. I argue that it takes the stamp and signature to provide the presumption of authenticity of the document while the book provides the presumption of proof the signers were present. Without both, an affidavit is no affidavit at all.
The court is also being asked to determine why the notary book matters and what its value is? If not for exactly this situation, why is it required?
There is unrebutted forensic proof the signatures are not authentic, there is an SOS finding of guilt with punishment, and there is a lower court determination in the impacted lawsuits finding notarial misconduct. I even made it clear, the one and only golden ticket out of this litigation is to prove the men were present to sign. So it boils down to this, I lose and notary law changes because the book will no longer matter. I win, and I get compensated for the loss of three lawsuits totaling $45m, plus the potential for uncapped punitive damages. And then I have a guaranteed suit for fraud against those who started all this nightmare.
I believe this is the first suit brought to the appellate level under TCPRC 121.014 and, being pro se, if I win this will likely be one of the greatest pro se victories ever.
Have a lovely day,
Jeff
The case is Neely v. Venerable 11-25-00206-CV. Here is a link…
https://search.txcourts.gov/Case.aspx?cn=11-25-00206-CV&coa=coa11