Did Notary Public Goof in Quit Claim Deed?

A: It's possible that the notary did not do his duty as a notary. A notary is required to review some form of identification that verifies that a person signing a document matches the identification.

If a notary fails in his or her job as a notary and does not take the required precautions to make sure the proper person is signing a document, the notary may be liable for his failure to properly verify the identity of the person who signed a document.

In some states the notary's liability may be limited and may not be nearly enough to cover the expenses and costs that someone else might incur as a result of the notary's failure to properly confirm the identity of the person signing a document.

But a notary may not have a duty to ascertain whether the identification presented is not a forgery. Generally, if a person comes before the notary and presents identification that the notary believes to be accurate, the notary has probably satisfied his or her duties as a notary.

Some states are requiring more and more of notaries. Some states now require notaries to not only review the person's identification but also fingerprint the person signing the document. While notaries are the first line of defense against fraud, it's not a foolproof system.

Your case isn't unique. There have been many cases of fraudulent transactions involving quit claim deeds. If the quit claim deed purportedly transferred title to a property that you had an interest in or would have had an interest in, you might have to take legal action to protect the property or to protect any interest you might have had in that property.

If you are in a position that your interests in the property could have been compromised, please consult with a real estate attorney.

NOTE: Samuel J. Tamkin is a Chicago-based real estate attorney. Ilyce R. Glink's latest ebooks are "The Clutter Collector: How to Get Rid of Clutter Everywhere in Your Home" and "How to Save $50 a Month," which are available at her all-video website, www.expertrealestatetips.net. If you have questions for them, write Real Estate Matters, PO Box 366, Glencoe, IL 60022 or contact them through Ilyce's website, www.thinkglink.com. ©2008 by Ilyce R. Glink. Distributed by Tribune Media Services.