ATLANTA — A Channel 2 Action News investigation has found a metro area woman who repeatedly used her notary stamp to authorize blank documents that could be used fraudulently.
Clerk of Cherokee Superior Court Patty Baker told Channel 2 investigative reporter Richard Belcher that she stripped realtor Alicia Boyle of her authority to notarize documents after she received multiple blank City of Atlanta permit forms stamped by Boyle. Clerks of Superior Court authorize notaries in the state of Georgia.
“This is the first time in 12 years since I’ve been clerk that someone made an accusation, made a complaint against someone that actually signed blank documents,” Baker told Belcher.
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She said it is a clear violation of a notary’s oath, and against the law.
“Is that an invitation to fraud?” Belcher asked Baker. “Absolutely and a notary knows better,” she replied.
The blank permit paperwork Boyle notarized is used to secure residential housing permits in Atlanta. They prove to the city that a licensed contractor, or a contractor who works under someone who is, is working on the home.
Since 2004, residential and general contractors in Georgia have to pass a state exam on their technical knowledge, and meet financial and educational requirements as well. According to the Home Builders Association of Georgia (HBAG), insurance requirements are a key component to a state licenses.
HBAG executive vice president Kelly Lass said consumers should make sure they're getting a builder who is licensed.
“Ask the builder for their license, for their license number, get a copy of it or at least look at it,” Lass said. “Go to the secretary of state, look it up and make sure it's a valid license number.”
In the city of Atlanta, a licensed contractor must fill out city permit paperwork, and must swear in front of a notary that everything is correct. Then the notary will also confirm the person signing the document’s identity. After the form is completed, the notary applies their county issued seal to the document.
But the Cherokee Clerk questions how many of the blank forms Boyle notarized were used by contractors to evade the requirement that they either be state-licensed or work under someone who is.
“They can't do it via video conferencing, they can't do it online, they must be in front of the person. They must witness the signature,” Baker said.
Baker said Boyle was clearly violating her oath by signing and notarizing blank city paperwork. Baker pulled Boyle's license as soon as she saw the blanks. Baker was shocked by Boyle's audacity.
A contractor whose license was used to build a new home in Grant Park told Belcher he didn’t know city paperwork was notarized listing him as the licensed contractor on the home. That contractor, Sam McGrath, also told Belcher he did not know the woman who notarized the city paperwork-- Alicia Boyle
We discovered that Walsh Design, the company that built the home, just happens to share office space with the real estate company Boyle works for, Avenue Realty.
“I want to talk to you about some of these blank contractor affidavits,” Belcher said to Boyle when he visited the office in Ponce City Market, where Avenue Realty is located. “No comment,” Boyle replied.
“So you understand what you did was improper, correct?” Belcher asked. “Have a nice day,” Boyle said.
Realtor Shane Little employs Boyle.
“Were you aware this illegal activity was going on in your office?” Belcher asked. “No, but please leave my space,” Little replied.
After the visit to the real estate office, McGrath, the contractor who’s licensed was used on the Grant Park home, recanted his original story. He said he knew Boyle and had authorized the permit paperwork she notarized.
An attorney sent Belcher the following statement on behalf of Avenue Realty:
"Avenue Realty is a client-centered realty company, and takes any accusation against an employee seriously. No one has accused Avenue Realty of improper notarizations; however, Avenue Realty conducted its own investigation of the matter.
"After review, we firmly believe this employee's mistake was an isolated incident; and she has been counseled on compliance with industry rules and regulations."