Q: My parents signatures weren't notarized when selling their MD property in 05/31/05.Notarized after office received them.
Never went to settlement table.They were 79 &83. 06/05 buyers ( my 2 brothers) requested my mother have a neuro appt 4 memory prob. diagnosed 4 mild-moderate dementia 9/05. I maintain this is a voidable contract & they have been financially exploited.R.E.lawyer did settlement. Can he be sued 4 legal malpractice as they have been financially exploited? Where does Md law say regarding notarizing signatures & is this fraud against MD or civil matter? I want to see the state prosecutor for fraud.
A:
To notarize a signature in Maryland, the notary must get an acknowledgment from the signer and verify the signer's identity (usually by picture ID). If someone falsely said that a signer appeared before them when they did not that would be problematic. Depending on the circumstances, fraud (civil and/or criminal) may or may not be involved. The notary may be someone other than the attorney preparing the deed so it would be critical to identify the notary as well as the title company.
Note that in some cases real estate settlements are properly conducted without the sellers present (if say they executed a power of attorney authorizing an agent to attend the closing in their stead or if documents were signed and notarized ahead of time).
The above offers general legal information and does not purport to offer specific legal advice. You may wish to consult with an attorney who can review the documents in question and advise on possible causes of action.
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