Abstract Associates Charges Excessive Notary Fees, Class Action Alleges

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action claims Abstract Associates of Lancaster, Inc. and the title insurance company’s notary public, William Stull, have routinely charged Pennsylvania consumers excessive fees for notary services related to the closing or refinancing of residential mortgage loans.

Were you charged excessive notary fees? Let us know here. 

According to the 16-page case, Pennsylvania law prohibits a notary public from charging consumers more than $5 for notarizing a signature executing an affidavit, certificate, verification or acknowledgment. State law allows a notary public in Pennsylvania to charge a maximum of $2 for each additional signature they acknowledge, the lawsuit adds.

However, the plaintiff, a Pennsylvania resident who obtained a residential real estate loan in September 2021, claims the defendants charged him a $35 notary fee after they acknowledged his signature on his mortgage and signature affidavit. Abstract Associates’ notary public performed no other notarial service for the plaintiff, the complaint contends.

The suit argues that the defendants misrepresented the $35 fee in the closing disclosure given to the plaintiff, who paid the charge based on the assumption that it was “bona fide and proper.”

“Plaintiff and members of the class relied on Defendants to, and assumed Defendants would, follow Pennsylvania law in providing notarial services,” the case says, noting that residential mortgage lenders require borrowers or purchasers to use the services of a notary public in connection with the settlement of a mortgage loan.

Overall, the suit alleges that Abstract Associate has illegally overcharged consumers at least $25 for residential mortgages involving one borrower or buyer and at least $15 for mortgages involving two borrowers or buyers.

The lawsuit looks to represent anyone who purchased, sold or refinanced residential real estate in Pennsylvania within the past six years and who was charged and paid notary fees to Abstract Associates in connection with such purchase, sale or refinance that were in excess of the fees fixed by state law.

Were you charged excessive notary fees? Let us know here.