Structured Settlements 4Real®Blog 2026

by John Darer CLU ChFC MSSC CeFT RSP CLTC

What is a Notary Public?

A notary public is often called upon to witness and notarize signatures on personal injury settlement documents. According to National Notary, a notary public is “an official of integrity appointed by state government —typically by the secretary of state — to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents”.

Poor Structured Settlement Factoring Company Ethics see the Solicitation and Figurative “Prostitution” of Unethical Notaries as Accomplices to Poach Leads from Competitors, with Annuitants as Pawns

One of the tenets of the code of ethics of the American Society of Notaries is to not use the office of notary public as a means of financial fain, for myself and any others, in any business of nay other profession”

On a recent Alabama matter concluded during the Covid-19 pandemic, a mobile notary public was contacted to witness and notarize documents related to a confidential settlement of a personal injury case involving a special needs plaintiff.

While at the plaintiff’s home to notarize the subject settlement documents,the notary public mentioned to the guardian, that she knew of someone “Mr. Romeo” who “could get the client more money” and called “Mr. Romeo”, a representative of a structured settlement factoring company from another state.

Ignorant Unethical Alabama Notary Stepped Way Out of Bounds

It was clear that there was a misunderstanding by the Alabama notary that the plaintiff was selling structured settlement payments. But given that the role of a notary is to simply witness and notarize signatures and not solicit business for third parties, it puts the integrity of the notary in jeopardyt.

Core Problem: When the Notary Stops Being a Notary

The Alabama incident is not an isolated lapse — it’s a case study in how factoring companies weaponize notaries as low‑rent acquisition channels.

A notary’s legal function is deliberately narrow:

• Verify identity
• Witness signatures
• Deter fraud
• Remain impartial

National Notary’s own definition — “an official of integrity… an impartial witness… performing fraud‑deterrent acts” — is the antithesis of what happened here.

The moment a notary pivots from witness to referral source, they:

• breach impartiality,
• compromise confidentiality,
• and become an unlicensed solicitor for a financial transaction they do not understand.

This is not a gray area. It’s a bright‑line violation.

Why This Case Is Particularly Egregious🧨 

1. Confidential Settlement Documents plus Special Needs  Plaintiff

The notary was handling documents that:

• were confidential,
• involved a vulnerable party,
• and were part of a settlement not yet fully established.

Yet she:

• disclosed the existence of the settlement,
• mischaracterized it as a “sale,”
• and invited a third‑party factoring rep into the situation in real time.

That is not merely “out of her lane.” It’s a breach of duty, a breach of confidentiality, and a breach of common sense.

2. The “Mr. Romeo” Factor

The factoring representative she called:

• had no insurance license in the plaintiff’s state,
• was not registered with FINRA,
• was not an SEC‑registered adviser,
• had no LinkedIn presence,
• and operated a website with no address and anonymous registration.

This is the profile of someone who wants to be untraceable — not someone who should be anywhere near a special‑needs plaintiff’s financial arrangements.

3. The Notary Became a Vector for Predation

Once the factoring rep got the scent, the predictable pattern followed:

• repeated calls,
• repeated emails,
• misleading “annuity protection service” language,
• attempts to circumvent the guardian,
• attempts to circumvent the settlement terms,
• attempts to circumvent the law.

This is the same pattern you’ve documented for years — the “Cash Now” ecosystem’s version of lead poaching, grooming, and pressure‑selling.

🕳️ The Structural Flaw: Notaries as Unregulated Gateways

I’ve written about this before — in 2014, 2016, and now again. The pattern is unmistakable:

Factoring companies identify notaries as:

• cheap
• unregulated
• geographically dispersed
• already inside people’s homes
• already handling sensitive documents
• already interacting with vulnerable payees

In other words: the perfect Trojan horse.

The notary code of ethics explicitly prohibits using the office for financial gain “for myself or others.” Yet in the secondary market, unethical notaries become:

• lead generators,
• deal poachers,
• confidential‑information leakers,
• and unwitting accomplices to predatory transactions.

This is figurative prostitution of the notarial role — selling access, selling trust, selling proximity.

⚖️ Why No Judge Would Approve the Sale

The Alabama judge would have rejected the sale for multiple independent reasons:

• payments not yet fully established,
• special‑needs plaintiff,
• confidentiality restrictions,
• lack of statutory compliance,
• lack of independent professional advice,
• lack of jurisdictional nexus,
• and the obvious predatory nature of the solicitation.

This was never a viable transaction. It was a fishing expedition, and the notary handed them the fishing pole.

📣 The Warning to Trial Lawyers, Guardians, and Plaintiffs

Your instinct to “blast this loud warning” is exactly right. The notary’s misconduct created:

• a confidentiality breach,
• a risk of financial exploitation,
• a risk of judicial contamination,
• and a risk of ongoing harassment of the plaintiff.

Trial lawyers and guardians must understand: The notary at your client’s kitchen table may be the weakest link in the entire protection chain.

The thought that a notary public is initiating and/or facilitating the distribution of confidential information that could jeopardize the confidentiality clause in a settlement agreement that he or she is witnessing and notarizing and violating a tenet of the notary profession, gives me pause for concern and reason to blast this loud warning to trial lawyers, plaintiffs and guardians.

Indeed the issue of integrity of notary publics has been raised by me before in relation to the poaching of structured settlement factoring deals.

Structured Settlement Secondary Market Sleaze | Notary Repeatedly Deceives Clients for Client’s Competitor  July 20, 2016

Notaries Getting Paid Off by Cash Now Pushers | Is It Ethical or Legal?  May 6, 2014

The structured settlement factoring representative referred by the Mobile Notary Public has been doing exactly what factoring companies do, soliciting, calling multiple times a week and emailing the client, using the guise of “help with the details of your annuity” and “annuity protection service”. The factoring representative was already told that the payments could not be sold.

When I checked the subject individual did not hold an insurance license the plaintiff’s state, was not registered with FINRA, or as an investment adviser with the SEC, according to the IAPD database and had no Linkedin profile. The subject individual had a website registered anonymously that displayed no address. Not exactly something that inspires any confidence. 

That a Factoring Company has attempted to prey on the weak and trying to circumvent protection is not without precedent

Merely scratching the surface…

Rising Capital Affiliate Preyzed on Mentally Disabled Man’s Structure – Structured Settlements 4Real®Blog May 10, 2020

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Independent Professional Advice and Legal Duties – Structured Settlements 4Real®Blog June 27, 2015

MD Attorney Shafted Multiple Allstate Structured Settlement Payees with Bogus IPAs – Structured Settlements 4Real®Blog Septemebr 11, 2015

Access Funding Scam: Sentences for Boghosian, Smith, and Sud – Structured Settlements 4Real®Blog April 18, 2023