Legal Commentary

The Interstate Recognition Of Notarizations Act

By Big Tent Democrat

Here is the text of the law I discuss below passed under extraordinary circumstances by the Congress that will make foreclosures easier:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Interstate Recognition of Notarizations Act of 2010’.

SEC. 2. RECOGNITION OF NOTARIZATIONS IN FEDERAL COURTS.

Each Federal court shall recognize any lawful notarization made by a notary public licensed or commissioned under the laws of a State other than the State where the Federal court is located if--

(1) such notarization occurs in or affects interstate commerce; and

(2)(A) a seal of office, as symbol of the notary public’s authority, is used in the notarization; or

(B) in the case of an electronic record, the seal information is securely attached to, or logically associated with, the electronic record so as to render the record tamper-resistant.

SEC. 3. RECOGNITION OF NOTARIZATIONS IN STATE COURTS.

Each court that operates under the jurisdiction of a State shall recognize any lawful notarization made by a notary public licensed or commissioned under the laws of a State other than the State where the court is located if--

(1) such notarization occurs in or affects interstate commerce; and

(2)(A) a seal of office, as symbol of the notary public’s authority, is used in the notarization; or

(B) in the case of an electronic record, the seal information is securely attached to, or logically associated with, the electronic record so as to render the record tamper-resistant.

SEC. 4. DEFINITIONS.

In this Act:

(1) ELECTRONIC RECORD- The term ‘electronic record’ has the meaning given that term in section 106 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7006).

(2) LOGICALLY ASSOCIATED WITH- Seal information is ‘logically associated with’ an electronic record if the seal information is securely bound to the electronic record in such a manner as to make it impracticable to falsify or alter, without detection, either the record or the seal information.

Sounds reasonable. Here's the problem - anyone can be a Notary Public by paying a nominal fee and taking a test. There is no regulatory regime that oversees notary public in most states.

The other issue is what precisely does "recognize" mean in terms of this law. If the notarized document can be rebutted and is treated like any other piece of evidence, then fine and dandy. But as we now know, courts have been rocket docketing foreclosure actions. This is just one more excuse to deny due process.

Given the suspicious circumstances of the passage of this bill, the intent seems clear - to make it easier for people to be denied their due process in foreclosure actions.

At the very least, in light of recent events, more study of the effect of this law is necessary.

FULL DISCLOSURE: This law affects cases I am involved in. Speaking for me only

Full post as published by TalkLeft on October 07, 2010 (boomark / email).