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James V. O’Conner (WSBA No. 2826, admitted 1959), of Seattle, was ordered to receive a reprimand on February 9, 2009, following approval of a stipulation by a hearing officer. This discipline was based on conduct involving dishonesty, fraud, deceit, or misrepresentation. James V. O’Conner is to be distinguished from James N. O’Connor of Bainbridge Island and James P. O’Connor of Portland, Oregon.
Mr. O’Conner was a principal of a limited liability mortgage company (Mortgage LLC). During all material times, Mr. O’Conner was not active in managing Mortgage LLC. On December 21, 2006, Mr. O’Conner knowingly notarized the signature of Mr. W on loan documents processed by a Mortgage LLC mortgage processor (Ms. H) without Mr. W being present and without personal knowledge whether Mr. W actually executed the loan documents. One loan document notarized by Mr. O’Conner inaccurately acknowledged that Mr. W “personally appeared before me” on December 21, 2006, and that the document was executed “as their free and voluntary act and deed.” Four other loan documents notarized by Mr. O’Conner inaccurately reflected that the documents were “sworn to and subscribed before” Mr. O’Conner. Although Ms. H was a licensed notary at the time, she did not notarize Mr. W’s signature on the loan documents, because the lender had a policy against having the employee of the mortgage broker acting as the signing agent and notary. Mr. O’Conner agreed to notarize the signatures of Mr. W on the loan documents to prevent the lender from knowing that Ms. H processed the loan and acted as the signing agent. Mr. O’Conner agreed to notarize the loan documents without personal knowledge that Mr. W actually signed them based on Ms. H’s assurance that Mr. W actually signed the documents. Although Mr. W actually signed the loan documents, he subsequently sued Mr. O’Conner, Mortgage LLC, and other parties claiming, among other things, that he was coerced into signing the loan documents. At the time Mr. O’Conner notarized Mr. W’s signature on the loan documents, Mr. O’Conner had no reason to believe that Mr. W was pressured to execute the loan documents. Mr. O’Conner and Mortgage LLC settled the lawsuit and Mr. O’Conner paid Mr. W a substantial monetary settlement.
Mr. O’Conner’s conduct violated RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Jonathan Burke represented the Bar Association. Mr. O’Conner represented himself. Dennis Smith was the hearing officer. |