Notarized Distribution


#1

Since the Notary Public did not actually witness your signature on the agreement, it can be deemed void and will need to be renegotiated.

Here is the NC Statute on the penalties the Notary faces:

"Part 8. Enforcement, Sanctions, and Remedies.


#2

The good news is the agreement is not legally binding. In the future NEVER sign anything unless your lawyer is sitting there with you and tells you to sign it.

The notary may face sanctions but that is not your problem, you didn’t break the law, they did.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

OK, here’s my situation. My STBX has control of everything right now, the home, both vehicles, and all assets. We separated in Dec 07 and I am currently renting from my brother until distribution is settled. About 2 months ago I started getting a little desperate. Keep in mind that he has my car and I had to buy a new one. We talked about distribution so I could get my other car back and sell it. So we struck an agreement in his favor where he keeps just about everything, and I still pay a bunch of debt. During this time I had a hard time getting in touch with my lawyer for her advice, so I went ahead and signed the agreement. However, I signed it at the home, NOT in front of a notary. He had it notarized at work…he is a CPA. Well, when I told my lawyer about this she got very upset because we are still in the middle of a horrible custody battle and she wanted me to use the assets as “leverage”. So I had to tell him that the agreement was off. Of course this ticked him off and honestly I don’t blame him. The one question I have is how much trouble he or the notary that notarized it can get in since I wasn’t there when it was notarized? What is the worst that can happen? I don’t want him or her to get in trouble, but I have a feeling my lawyer will bring it up.