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By stan_sipple

Missouri Supreme Court catches title companies' notaries charging customers an extra dollar for notarizing their signatures but not recording them in their books. James A. Finnegan, Appellant v. Old Republic Title Co. of St. Louis, Inc., Respondent. (Consolidated with) Lisa L. Rokusek and Jennifer Human, Appellants v. Security Title Insurance Company and Security Title Insurance Agency, Respondents. (Consolidated with) Lisa L. Rokusek and Jennifer Human, Appellants v. Commonwealth Land Title Insurance Company, Respondents. : SC88761, SC88762 and SC88763 the title companies violated section 486.350, RSMo Supp. 2007. The failure of the title companies' notaries to record their notarizations of the property owners' signatures before charging them $2 violates the plain language of section 486.350.1, which provides that a notary cannot collect the maximum $2 fee per signature unless the notary both notarizes the signature and properly records the notarial act in the notary's journal. Although this is consistent with statements made in a handbook the Missouri secretary of state's office provides to notaries, this handbook information was not provided to the trial courts. The trial courts also erred in dismissing the property owners' unjust enrichments and merchandising practices act claims, predicated on the courts' erroneous conclusions about the requirements of section 487.350.1.

Full post as published by Showmeblawgs on March 21, 2008 (boomark / email).