Friday, February 22, 2008

Sleazy Notary Authenticates Phony Lien Causing Home Sale To Fall Thru; Homeowner Awarded $40K In Damages

In Dallas, Texas, CBS11 News reports:
  • A Texas notary authenticates wills, deeds and all sorts of legally binding documents. There are more than 400,000 notaries in our state and almost all of them are law abiding people. But as Michael Kloster found out, one bad apple can make your life a living nightmare. "This cost us three years out of our lives," said Kloster. According to Kloster, it all started when a notary stamped her seal on a mechanics lien and filed it in Collin County. The problem, according to Kloster and a judge, was that the lien was a fraud. "Six bucks and a notary; they filed a lien, and you don't have to approve a thing," said Kloster. What notary would sign off on such lien? Lourdes Medina admits she did just that. According to records, Medina signed for her husband, and then notarized the lien document. Her husband owned a roofing repair company and Kloster said the Medina's were never contracted to repair the roof. The Medinas filed a lien on his house. Medina admits that she "wasn't supposed to sign for someone that I know" and admitted to signing her husband's name on the lien.

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  • Court papers show a judge removed the lien on the Kloster's home and Medina voluntarily surrendered her notary license. The court awarded the Klosters more than $40,000 dollars in damages.

No word if a criminal investigation has been opened. For more, including other incidents of bogus notarizations found by CBS 11 News, see How Notaries Can Take Your Land, Money, Home (read story) (watch video).