Forcefully signed document & notortized document hold any value ?

[kusai]

Does it hold any value legally ?

 

[TXARGUY]

Forcefully signed document & notortized document hold any value ?

Please define what you mean by forcefully signed.

 

[Jeffrey]

In. This sounds interesting.

 

[kusai]

Like someone holding your loved one's "like hostage" or threatning to harm them and making you sign something.

 

[fgarcia3441]

I think there will be a burden of prof that you signed the document under duress in front of a notary.

 

[zembonez]

Most signed and notarized documents are legally binding. Proving a document was forcefully signed sounds like a tough one.

 

[kusai]

I think there will be a burden of prof that you signed the document under duress in front of a notary.

Exactly. So to make it more realistic and just to give you a scenario. Someone is holding kids in car outside the bank and making you sign inside in front of notory. What now

 

[RstyShcklfrd]

Go inside and call the police.

 

[TXARGUY]

Forcefully signed document & notortized document hold any value ?

If you can prove that then no. It will not be legally enforceable. In fact if the Notary was in any way aware of the situation he/she can lose their commission over something like that.

I've been a Notary for over 15 years and the laws are pretty clear. There's a bill that is making its way through the Texas House right now that would require mandatory education and testing of Notaries that most people I know are opposing but I'm in support of it because I know of the abuse and fraud that happens everyday.

 

[fgarcia3441]

Exactly. So to make it more realistic and just to give you a scenario. Someone is holding kids in car outside the bank and making you sign inside in front of notory. What now

Wouldn't this be consider kidnapping? I would imagine without notifying Law Enforcement, it will be very hard annul the document that you got notarized.

For example you get sellers remorse and you notarized a promise to sell document for x amount, if you later change your mind there is x penalty for cancelling the sell. You can claim that you signed the promise to sell document under duress, thus rendering the document invalid and avoiding the penalty. Unfortunately if law enforcement is not involve it will be hard to prove your claim as I think the burden will be on you.

that is just my 2c

 

[scgstuff]

Out of curiosity, is this a hypothetical?

 

[TXARGUY]

Forcefully signed document & notortized document hold any value ?

Wouldn't this be consider kidnapping? I would imagine without notifying Law Enforcement, it will be very hard annul the document that you got notarized.

For example you get sellers remorse and you notarized a promise to sell document for x amount, if you later change your mind there is x penalty for cancelling the sell. You can claim that you signed the promise to sell document under duress, thus rendering the document invalid and avoiding the penalty. Unfortunately if law enforcement is not involve it will be hard to prove your claim as I think the burden will be on you.

that is just my 2c

The burden of proof is absolutely on the signer.

 

[kusai]

Yes now replace that with " I am mentally unstable, tried to kill myself and tried suffocate my kids. If anything happens to me, neither my spouse nor my MIL is responsible and I hold them harmless" now you get the idea. I still am not able to comprehend why would any notary attest to that.

For example you get sellers remorse and you notarized a promise to sell document for x amount, if you later change your mind there is x penalty for cancelling the sell. You can claim that you signed the promise to sell document under duress, thus rendering the document invalid and avoiding the penalty. Unfortunately if law enforcement is not involve it will be hard to prove your claim as I think the burden will be on you.

that is just my 2c

 

[kusai]

Pretty much

Out of curiosity, us this a hypothetical?

 

[TXARGUY]

Forcefully signed document & notortized document hold any value ?

Yes now replace that with " I am mentally unstable, tried to kill myself and tried suffocate my kids. If anything happens to me, neither my spouse nor my MIL is responsible and I hold them harmless" now you get the idea. I still am not able to comprehend why would any notary attest to that.

A notary does not attest to anything. Their purpose is to establish and verify the identity of the signer/affiant and serve as a sworn witness as a completely disinterested party.

Still, should the notary believe that the signer is being placed under duress, is mentally incapable or fraudulent their job is to refuse.

 

[fgarcia3441]

Re: Forcefully signed document & notortized document hold any value ?

I am not a notary or play one on TV. However I don't think this document will have any validity.

I would imagine any commonsense lawyer can have this paper thrown out of court, and
If something did happen to the person that wrote the document, the police will know where to start looking.



Sent from my SGH-T879 using Tapatalk 2

 

[zembonez]

All a notary does is provide a legal witness to a signature. They aren't there to interpret whether the signature is forced or not. Their witnessing the signature doesn't provide any proof that the document is valid, but it does prove that it was signed by the individual. A court might well take that into consideration.

 

[M. Sage]

Forcefully signed, like "take my signature, you mofo document"?

Oh... forcibly signed, like under duress. Why would you sign under duress? If you have to write something, don't sign your actual name, sign it "Under Duress". Better yet, don't sign at all.

 

[txinvestigator]

I think I saw this movie.

 

[Tejano Scott]

Duress is a defense in many contract and criminal situations. Very difficult to prove.