So far he is three for three and he has no plans to stop filing complaints against notaries who signed false, fabricated affidavits. Ken McLeod (Arizona) is about the best investigator for economic crimes that I have ever come across. I won’t publish his number because the last time I did that he was swamped with calls and couldn’t do his work. If you can get to him, hire him. He has helped my law firm in a variety of ways sometimes tracking down witnesses within minutes and even telling us where they were standing at that moment. And he is devoted to bringing down this false system of foreclosures based upon false documents, false debts, and false testimony.
“The robo-signing notaries need to be stripped of their professional licenses. I fully intend to file a complaint against every single notary who ever signed a false affidavit in Arizona. It may take me years, but, this is how it’s done. One at a time until they are all gone.
“Notice the Garcia revocation. The notary presented after the fact falsified logs to try to cover his ass. His other problems were accepting expired passports as proof of idea. He even acknowledged the demand by a ‘detective’ but made a (wrong) legal decision he didn’t have to comply.
“Revocation of these commissions will have to be disclosed by these notaries any time they need a bond or apply for a government job.
The subtext for this is that if the notaries were committing crimes or violations of the rules and regulations governing their licenses as notaries, then two things are true: (1) if a false notarization was affixed by a notary in order to record a document in public records or to authenticate an affidavit as testimony, then the document or affidavit needs to be expunged from the record or coupled with a notation that the affidavit or document was falsely notarized, and (2) if the document was falsely notarized and is therefore not effective for the purpose for which it was improperly recorded, then any action based upon that recordation is void or voidable.
The one thing that I need to remind readers is that a false notary does not completely invalidate a document. It may invalidate the recording and it may imply that the entire document was false. But it doesn’t prove the entire document was false. For example, if you in fact signed a mortgage and a note and the mortgage was required to have two witnesses and a notary, you have a contract regardless of whether or not it was recorded. The failure to provide the proper notarization does not nullify the instrument. When the notarization was not fraudulent, and affidavit attached to the instrument will suffice to correct the problem.
Filed under: CASES, CORRUPTION, escrow agent, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS TRUSTEE, MODIFICATION, Mortgage, Motions, Occupy Movement, Pleading, securities fraud, Servicer, STATUTES, TRUST BENEFICIARIES, trustee | Tagged: affidavit, Ken McLeod, licenses, notary, NULLIFICATION OF INSTRUMENT, recording instruments, revocation, testimony, validity of instrument |