I Call BULLSHIT, #117

Posted August 8th, 2007 by Joe Kaiser

Can I notarize a quit claim deed where the owner is deeding a property to me? Absolutely.

Dear Rob,

It’s obvious your March 14, 2007 press release about my company was created to sensationalize this investigation and do so for political gain.

There can be no other explanation for all the mistakes it contains.

And speaking of mistakes, you mentioned a problem with the fact that we sometimes notarize documents ourselves.

Problem?

I call BULLSHIT.


More Huey

From that press release . . .

The Attorney General’s suit also alleged that legal documents used for these details were signed days, or even hours, before the pending foreclosure auction; that no notary was present at the time of the signing; and that the defendants sometimes notarized documents themselves. — March 14, 2007 Press Release
Office of the Washington State AG

Let me break it down for you so there is no possibility of confusion:

  1. We sometimes do deals and sign documents “days or even hours before the pending foreclosure,” and
  2. We once did a deal where documents were signed and “no notary was present,” and
  3. We sometimes notarized documents ourselves.

1. days or even hours

Yes, we sometimes do deals and sign documents “days or even hours before the pending foreclosure. I admit it.

That’s pretty much the way things play out, Rob. We are “drop dead day” investors who can spring into action and get things done with only moments to spare.

Why?

Because that’s when most people in foreclosure call.

They wait until the last minute, hoping they can work things out on their own and when they find they cannot, they pick up the phone and call.

Yes, sometimes with just “days or even hours” to call.

Your press release makes it sound like it’s something sinister. It’s not. It’s the reality of foreclosure investing that anyone with an ounce of foreclosure experience will confirm.

Clearly, no one from within your organization has that requisite ounce.


2. no notary

Yes, we once did a deal where documents were signed and “no notary was present.” I admit it.

We did the deal, at midnight, the night before a pending foreclosure sale. There were no notaries available, and neither my partner nor I were notaries at the time.

And so, we had the seller sign a deed and later that week, had it notarized by a friendly notary.

Were we wrong to do so?

Absolutely.

Would I do it again?

You’d better believe it.

As I explained during my deposition, it was a matter of saving the seller’s home from foreclosure and in order to do that, we all bent the rules.

There was no fraud or deception in doing so. No one was damaged, and the seller agreed with the plan every step of the way.

And the next day, as promised, (and only because we had a deed in hand), we were able to buy his house at the auction.

Yes, it happened, once.

No, it wasn’t a bad thing.


3. notarized by Joe

Yes, we sometimes notarized documents ourselves. I admit it.

And, it’s no coincidence that nearly everyone working at Fiscal Dynamics, Inc. got set up as a notary public. That included me, my partners, my staff, and practically everyone who was a regular around the office.

Let’s take a look at the code, RCW 42.44.080, the “Standards for Notarial Acts” statute.

(10) A notary public is disqualified from performing a notarial act when the notary is a signer of the document which is to be notarized.— RCW 42.44.080

Pssssst, that translates into, “Joe can notarize any signature other than his own.”

Can I even notarize a quit claim deed where the property owner is deeding his property to me?

Absolutely.

It matters not whether I am a party to the transaction. It’s simple . . . I can’t notarize my own signature and that’s the end of it.


Scoundrels

It’s completely unfair, Rob, doing that thing you do.

Your press release was concocted to make it appear my partners and I were up to no good, scamming people out of their homes.

Shame on you.

People call me with mere days or even hours before their foreclosures take place, and I step up and save them from foreclosure.

Yes, I even notarize the documents, sometimes. It’s not a scam, Rob, it’s the nature of the business and what’s required when homes are at risk.

But for your office to create a press release implying we are scoundrels, or to take the one incident where we bent the notary rules to save a family’s home and make it appear as if we do that regularly, maliciously, or as a part of a scheme?

I call BULLSHIT.

Respectfully,

Joe Kaiser


One Response to: “I Call BULLSHIT, #117”

  1. David Alexander responds:
    Posted: August 9th, 2007 at 4:09 am

    Wow!

    They are confused…..

    I’ve signed up foreclosure deals on the hood of car while the owner was leaving the state… and ready to just walk away from the property…

    And we of course had our own in-house notary… notarize the paperwork…. (still do) including the deed… to us or one of our entities…. right there on the spot..

    Most every Bank, Car Dealership, or government office has their own notary… notarize their own documents….

    Is Washington somehow different and the you can’t make an employee a notary…..

    And for some crazy reason…. getting a deed and signing paperwork hours before the dealine…. makes it less of a trransaction….

    I guess they might get it… only if…

    One of these guys needed heart surgery to save their life and it’s just minutes before their life is about to be terminated…. and all the sudden the surgeon says… I’m sorry sir….. but, must have this paper notarized… before we can proceed…..

    Washington AG: Doesn’t this hospital have a notary?

    Surgeon: I’m sorry sir but, according to ya’ll we have to have an outside notary… Not an inhouse one that we have on staff….

    They Finally get a notary… notarize the docs… and then as they are about to gasp their last breath….

    The surgeon… miraculously pulls off the surgery in just the nick of time….

    And they are miraculously still alive…..

    I guess then someone the surgeon…. Must have at that point did something sinister and shady to save their live….

    I guess the act of saving someone having happened at the last minute…. of the last hour…. is somehow taboo….

    WoW!!!

    I guess the surgeon expecting to get paid is also, equally taboo…..

    WoW and WoW!!


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