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Questions and Answers
For a notary public to be found guilty of a felony related to a fraudulent deed of trust on a single-family residence, which element is most critical?
For a notary public to be found guilty of a felony related to a fraudulent deed of trust on a single-family residence, which element is most critical?
- The notary's mere act of performing a notarial service on a deed of trust.
- The notary's awareness of any discrepancy in related documents.
- The notary's unintentional oversight in verifying the deed's authenticity.
- The notary's knowledge of the deed's false statements or forgery coupled with an intent to defraud. (correct)
Under the described statute, the fraudulent activity must relate to a deed of trust on what specific type of property to constitute a felony for the notary?
Under the described statute, the fraudulent activity must relate to a deed of trust on what specific type of property to constitute a felony for the notary?
- Any property where the deed of trust is suspected to be fraudulent.
- Any type of real property, including commercial buildings and land.
- A single-family residence, specifically limited to containing no more than four dwelling units. (correct)
- Only residential properties, regardless of the number of dwelling units.
If a notary public unknowingly notarizes a deed of trust that is later discovered to be forged, but they had no intention to defraud, are they guilty of a felony under this statute?
If a notary public unknowingly notarizes a deed of trust that is later discovered to be forged, but they had no intention to defraud, are they guilty of a felony under this statute?
- Yes, because notaries are strictly liable for the authenticity of all documents they notarize.
- No, because the statute requires both knowledge of the forgery and a willful intent to defraud. (correct)
- It depends on the extent of damages caused by the forged deed of trust.
- Yes, because any notarization of a forged document is automatically a felony.
Which scenario would NOT be classified as a felony under the described statute regarding notary fraud related to deeds of trust?
Which scenario would NOT be classified as a felony under the described statute regarding notary fraud related to deeds of trust?
What is the legal classification of the offense described in the statute for a notary public who commits fraud related to a deed of trust on a single-family residence?
What is the legal classification of the offense described in the statute for a notary public who commits fraud related to a deed of trust on a single-family residence?
A notary public is presented with a deed of trust for a six-unit apartment building. Suspecting it contains false statements, they proceed to notarize it with the intent to help the applicant. According to the statute, is this notary's action a felony?
A notary public is presented with a deed of trust for a six-unit apartment building. Suspecting it contains false statements, they proceed to notarize it with the intent to help the applicant. According to the statute, is this notary's action a felony?
In the context of this statute, what does 'performs any notarial act in relation to a deed of trust' most likely encompass?
In the context of this statute, what does 'performs any notarial act in relation to a deed of trust' most likely encompass?
Which of the following best exemplifies 'false statements' in a deed of trust, as referenced in the statute?
Which of the following best exemplifies 'false statements' in a deed of trust, as referenced in the statute?
What is the primary purpose of the statute described, concerning notary fraud and deeds of trust?
What is the primary purpose of the statute described, concerning notary fraud and deeds of trust?
If a notary public is coerced under duress to notarize a fraudulent deed of trust for a single-family residence, and they act against their will, are they likely to be found guilty of a felony under this statute?
If a notary public is coerced under duress to notarize a fraudulent deed of trust for a single-family residence, and they act against their will, are they likely to be found guilty of a felony under this statute?
Flashcards
Deed of Trust Fraud (Single-Family Residence)
Deed of Trust Fraud (Single-Family Residence)
A notary knowingly and willfully performing a notarial act with intent to defraud related to a deed of trust on a single-family residence with false statements or forgery is guilty of a felony.
Study Notes
- A notary public commits a felony if they knowingly and willfully perform a notarial act with intent to defraud
- This involves a deed of trust on a single-family home with four or fewer units
- The notary must know the deed of trust contains false statements or is forged in any way
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