Hutton v. Fidelity National Title Co.

Opinion

KANE, J.

Plaintiff Brent Hutton sued defendant Fidelity National Title Company, the escrow company used in plaintiff’s refinance of his home loan, for allegedly charging a notary fee in excess of the amount permitted by Government Code section 8211.1 Under that statute, a notary may charge only $10 per signature for “taking an acknowledgment.” (Id., subd. (a).)2 Since only two acknowledgments were taken by the notary in connection with plaintiff’s loan refinance (with only one signature notarized as to each acknowledgement), plaintiff asserted that defendant violated the statute by…