What are the consequences of a notary willingly and knowingly falsely witnessing a signature?

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What are the consequences of a notary willingly and knowingly falsely witnessing a signature?

I signed a POA for my ex-husband to attempt to refinance a motorcycle. I signed the form but was not advised that my signature needed to be notarized. I recently saw a copy of the POA that I signed in 4 months ago and I saw that my name had been falsely notarized. Also, the notary happens to be my ex-husband’s attorney?

Asked on July 4, 2011 under Criminal Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The notarized document would be invalid since it is fraudulent.   The notary would be subject to discipline for committing fraud and might lose his notary license.  You could file a complaint with the state licensing agency for notaries.

Since this notary is also an attorney, you could file a complaint with the State Bar of Arizona.  The attorney would be subject to discipline for committing fraud  by falsifying the document.

Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce reliance on which one justifiably relies to his or her detriment. 


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