Notaries invoke 5th Amendment in foreclosure hearingsSubmitted by bobbyw24 on Wed, 01/26/2011 - 09:35
POSTED: 4:50 PM TUE, JANUARY 25, 2011
BY STEVE LASH
DAILY RECORD LEGAL AFFAIRS WRITER
Attorney Thomas P. Dore on Tuesday conceded that five pending foreclosure proceedings should be dismissed because he could not vouch for his signature on documents filed with the Baltimore City Circuit Court.
Judge W. Michel Pierson must still determine what action to take, if any, with regard to at least 15 other foreclosures involving notarized documents not actually signed by Dore, who represents lenders.
Eighteen current and former notaries public invoked their Fifth Amendment rights and refused to testify regarding their certification of Dore’s signature on the documents.
“Truthful answers to questions posed might tend to incriminate them,” the notaries’ attorney, David B. Irwin, of Irwin Green & Dexter LLP in Towson, told Pierson. “I have no doubt that they have a good-faith invocation right.”