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President Vetos Notary Bill Because of Foreclosure Issues

Posted By Cliff Tuttle | October 8, 2010

No. 515

President Obama will veto a bill that was recently adopted unanimously in the Senate because it has implications for the ongoing robosigning controversy.  DSNews.com reports that the President will pocket veto the Interstate Recognition of Notarizations Act because it may interfere with the process of determining whether foreclosure documents were properly verified.  The bill, which was intended to aid interstate commerce by requiring recognition of notarization in other states, was passed before the controversy over robosigning emerged.

This action underscores the sensitivity of the mortgage foreclosure documentation controversy.  While there have yet been no drastic consequences, the issue continues to simmer with new developments almost every day.

Pennsylvania no longer requires court pleadings to be notarized.  However, mortgages, assignments and other documents recorded with a recorder of deeds are notarized, making the issue of improper verifications a live one, even in Pennsylvania.  For example, a notary at a law office may have notarized scores of assignments signed by servicing company officers located in other states.  Although such matters can be corrected, judges have occasionally issued severe sanctions for such misconduct.  Title insurers may refuse to insure cases where prior records reveal questionable documentation.  See several related stories below.



CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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