United States Eleventh Circuit

In an action alleging an excessive notary fee in connection with a mortgage refinancing, the court of appeals certified the following questions to the Georgia Supreme Court: 1) Is a corporation employing notaries public to help facilitate its lending practices A) subject directly to OCGA section 45-17-11; or B) vicariously liable for violations of section 45-17-11 by its notary employees?; 2) If a corporation employing notaries public is subject to section 45-17-11, does a private civil cause of action arise under that section to recover notarial fees paid in excess of, and without notice of, the statutorily prescribed maximum notary fee?; 3) If a corporation employing notaries public is subject to section 45-17-11, does the voluntary payment statute, section 13-1-13, bar contract recovery for notarial fees paid in excess of, and without notice of, the statutorily prescribed maximum notary fee when the actual fee charged was clearly specified in the contract and the contract represents that the fees are reasonable and necessary?; 4) If a corporation employing notaries public is subject to section 45-17-11, is the statute of limitations tolled on fraud and money had and received claims when notarial fees are collected in excess of, and without providing the required notice of, the statutorily prescribed maximum notary fee when the contract represents that the fees are reasonable and necessary?

Appellate Information

• Decided 10/01/2009
• Published 10/01/2009

Judges

• PER CURIAM:, Before EDMONDSON and BIRCH, Circuit Judges, and HODGES, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• James Clay Fuller, Daughtery, Crawford, Fuller & Brown, LLP, Columbus, GA, for Plaintiffs-Appellants.


• For Appellees:
  
• Bryan Arthur Powell, Lawrence J. Bracken, II, Hunton & Williams, LLP, Atlanta, GA, for Defendants-Appellees.