Asked in Real Estate Law for Florida

Q: Can I sue my ex-employer for utilizing my notary seal while not in my possession? I requested my stamp be shipped...

I moved from Florida to Tn (12/23/2021) to take care of my mother who was ill. Between 12/23/2021 - 03/25/22 my ex-employer is an outsource company servicing mortgage related products. Notarization of mortgage closing documents, supplemental docs needed to record of land records, etc is a major part of the functions this company performs for it's various clients.I did not decommission my notary as I am still a resident of FL and had expectations for future use.My stamp has been used on thousands of docs, forged by numerous employees, and encouraged by senior leadership to do so.What can I do in this case? Having a notary stamp was not a condition of the employment and was obtained prior to being hired.Can I sue/remit an invoice for notary services? Can I sue for false notary services being done without my knowledge?NOTE: I received a performance review on 02/08/2022 for excellent performance and paid out a bonus. on 03/25-03/28/2022 I finally received my notary stamp. 04/01 i was fire

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You cannot sue unless you were damaged by other persons using your seal. But the documents that were fraudulently notarized may be invalid. You should immediately notify whoever issued your notarial bond; they may have serious liability issues.

Barbara Billiot Stage agrees with this answer

A: As a Florida notary you have a duty to keep your notary stamp secured. Fla. Stat. 117.05(3)(c) requires you to report this to the Governor's Office or the Department of State in writing your notary seal is in someone else's possession. I would send the notification by certified mail, return receipt. Also, contact the company that issued your bond.

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