Lawsuits Allege Secure Collateral, Over the Moon Services Charged Excessive Notary Fees

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Secure Collateral and Over the Moon Services have each been hit with a lawsuit that alleges the company has charged and collected notary fees that exceed what’s allowable under Pennsylvania law. 

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

The 16-page cases, filed on September 25 in Pennsylvania, allege Equity National Title & Closing Services, who does business as Secure Collateral, and Over the Moon Services charged inflated $125 and $175 fees, respectively, to consumers for notary services related to closing or refinancing residential real estate purchases. 

According to the lawsuits, a notary public in Pennsylvania may not charge more than $5 for notarizing a signature executing an affidavit, certificate, verification, or acknowledgment, and $2 for notarizing each additional name in executing an acknowledgment. 

The case against Secure Collateral says the company performed notary services for the plaintiffs in 2022 to acknowledge their signatures on their mortgage and signature affidavit, a form that allows anyone to compare a person’s notarized signature to their signatures appearing in closing documents. No other signature in the closing documents was notarized, the suit states. 

The complaint alleges Secure Collateral misrepresented the $125 notary fee in the closing disclosure provided to the plaintiffs, who had no choice but to use the company’s services in connection with the settlement of their mortgage loan. 

“Plaintiffs and members of the class relied on Defendants to, and assumed Defendants would, follow Pennsylvania law in providing notarial services,” the lawsuit reads, noting that Secure Collateral overcharged the plaintiffs for notary services by at least $105. 

The case against Over the Moon Services rings similar, alleging the company overcharged the plaintiff by at least $165 for acknowledging her signature on an affidavit linked to her home purchase. 

The lawsuits look to cover all persons who bought, sold or refinanced residential real estate in Pennsylvania within at least the last six years and were overcharged by Secure Collateral or Over the Moon Services for notary services in connection with the purchase, sale or refinance. 

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