Philadelphia, PA asked in Civil Litigation and Real Estate Law for Virginia

Q: In Virginia, is there a law requiring notarization or other authentication of a Deed of Trust prepared in another state?

Acknowledgement was fraudulently notarized. Closing was in Virginia. Lender obtained notary in Maryland to falsely state I appeared before him. Notary initialed certificate instead of signing (required in MD and VA), didn't have me sign fair register (required in MD), didn't enter date commission expires (required in MD and VA), didn't have loan official swear oath or affirmation in acknowledgement (required in MD) or sign fair register (required in MD). Notary altered certificate by striking "Commonwealth [of] Virginia" and writing in "State [of] Maryland" (violation in MD). Lender filed falsified Deed of Trust in Virginia, seized house for default, wants to sell it.

1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Alexandria, VA
  • Licensed in Virginia

A: You need to challenge the Deed of Trust in Circuit Court and make the lender a party.

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