Notary Question: Is This Legal?

Is it illegal for a notary not to be present at a refi but still sign and date the docs saying that they were there?

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Comments

Yes. This is not proper, although I know that it does happen frequently.

so, it is illegal then?

Yes, although people still do it. Sounds like the burden would be on the refinance company (and/or the notary) if there were any litigation of any kind however.

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