Saturday, April 6, 2013
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Pa. lawmaker introduces bill toughening penalties for notaries

State Rep. Kevin Boyle. (Yong Kim / Staff Photographer)
Daily News/Inquirer
State Rep. Kevin Boyle. (Yong Kim / Staff Photographer)
Story Highlights
  • State Rep. Kevin Boyle knew about Philadelphia's problem with stolen houses before he was elected to the legislature.
  • From 2000 to 2008, there were 454 reports of land fraud.
  • Many recent thefts have involved notaries who failed to demand adequate identification during deed transfers.
More coverage
  • West Philly man accused of real estate scams
  • State Rep. Kevin Boyle (D., Phila.) first heard about Philadelphia's problem with stolen houses before he was elected to the legislature, when he worked for City Councilman William K. Greenlee.

    "We became sort of a clearinghouse for citizens in Philadelphia who had their homes stolen from them," Boyle said, remembering in particular an Iraqi war veteran who returned to the city in 2008 or 2009 to learn that while he was away, someone forged papers to transfer his house to another owner.

    "From 2000 to 2008, Philadelphia received 454 reports of suspected land fraud," Boyle said. "The more research we did, the more we saw that the penalties in Pennsylvania for notarizing false documents were just too weak."

    Notaries are licensed by the state to verify the identities of people who appear before them to sign various legal documents, including deed transfers. Many of the recent house thefts in Philadelphia have involved notaries who failed to demand adequate identification.

    "I don't have empirical evidence on this, but I think it's a fair assumption that the notaries are in on this and receiving some sort of windfall," Boyle said. "Right now, that's not even a felony."

    Boyle introduced legislation this week to make intentional notarizing of a false deed a third-degree felony, punishable by a fine of $2,500 and up to seven years in prison.

    "This is an important issue impacting poor citizens and the elderly," Boyle said. "We need stronger laws to deal with the problem."

    One notary dealt with all five of the deed transfers between Leon Pinkney and Dwayne Stewart that the District Attorney's Office has described as fraudulent. Prosecutors did not file charges against the notary but said they were referring the situation to the Pennsylvania Department of State, which licenses and regulates notaries.

     


    Contact Bob Warner

    at 215-854-5885 or warnerb@phillynews.com.

     

    Bob Warner Inquirer Staff Writer
    email
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    Comments  (4)
    • 0 like this / 0 don't   •   Posted 5:26 AM, 04/05/2013
      The PA Dept of State is an office of tools and fools. A bunch of legal beagles who bark a little but otherwise spend their days sitting around. A bunch of lawyers who can't practice law, don't practice, who are waiting to hit time and age so they can collect a wonderful pension. Such a bunch of do-nothings they make our overpaid and underworked elected representatives look downright industrious.
      nebulus
    • 0 like this / 0 don't   •   Posted 5:32 AM, 04/05/2013
      Notaries involved in fraudulent deed transfers need to be criminally prosecuted, the only deterrent. Referring their role in the fraudulent scheme to the Dept of State for a licensing review? What a way to pass the buck. Kinda like having a deputy mayor/commissioner who, as a physician, referred Kermit Gosnell to DPW and DOH for a licensing review but failed to follow up. And, of course, expect the same responsiveness from the Dept of State. That worked out well for the abortionist but not so well for teh woman and children he butchered.
      nebulus
    • 0 like this / 0 don't   •   Posted 5:37 AM, 04/05/2013
      Hey Kevin, how about all those affidavits the circulators during primaries get notarized by a ward leader or chairman. I have evidence that their is widespread wholesale fraud in whereas the actual person is not present when getting his petition notarized. If you did any kind of fact finding mission you would be including this kind of notarization, or are you aware, and ignored to mention it. I am sure you will be hearing from your constituency soon. By the way, I am prepared to identify some Ward leaders and their notaries before the upcoming primary who have signed numerous petitions without not only I.D of the circulator, but the absence of the circulator him/herself. If you really want a good law, do what the Commonwealth of Puerto Rico does, a notary stamp must be obtained from a lawyer only. Not some political drone with a rubber stamp. They take their people's rights seriously own there.d You better make this law very clear, that all notary stamps are used to the full extent of the law, or I will. A warning to anyone who signs an affidavit, make sure the one who asks you to sign it, has his/her name on it first. And then ask them who will be notarizing their signature. You too may be guilty of a crime for putting your signature on a falsely prepared document. I shutter Mr. Boyle to think you got this half of a good idea from my past efforts with your old job in council. One more thing, their is a Ward Leader in Fumo's old territory, who submitted some ten petitions, she allegedly circulated with 50 names per petition and notarized as true by one notary. Two people are willing to testify that they never knew their notary, and signers didn't even know her. Can you explain this Kevin???
      Frank J Graff
    • 0 like this / 0 don't   •   Posted 9:51 AM, 04/05/2013
      Sounds like a step in the right direction. Make it a Phila only bill.
      jbetty01