Anthony v. American Gen. Fin. Servs. Inc.

Corporations employing notaries public are not directly subject to O.C.G.A. § 45-17-11, which establishes the maximum fee a notary can charge and requires notification to consumers of the maximum fee.

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The United States Court of Appeals for the Eleventh Circuit has certified to this Court four questions of Georgia law relating to a lawsuit filed by Terry and Sarah Anthony in federal court to recover for notary fees charged by American General Financial Services that allegedly exceeded the statutory maximum permitted by OCGA § 45-17-11 b. See Anthony v. American General Financial Services , 583 F3d 1302, 1307 11th Cir. 2009. According to their complaint, the Anthonys refinanced a mortgage loan with American General in 2002, executing a standard loan agreement that specified certain fees required as part of the transaction, including a $350.00 “Notary Fee.”1 Although the agreement stated that the fees were “reasonable and necessary,” OCGA § 45-17-11 b sets the maximum lawful fee for any notarial service at $4.00. OCGA § 45-17-11 d requires that the person requesting a notarial act be informed of the statutory fee permitted before performance of the act, but the Anthonys allegedly received no such notice and American General collected the $350.00 fee.

In 2007, the Anthonys filed suit against American General in the federal district court for the Northern District of Georgia, asserting a cause of action under OCGA § 45-17-11, along with claims for breach of contract, fraud, and money had and received. The district court granted American General’s motion to dismiss for failure to state a claim, see Federal Rule of Civil Procedure 12 b 6, and the Anthonys appealed. The Eleventh Circuit then certified its four questions to this Court, which we will address in order.

Anthony v. American Gen. Fin. Servs. Inc.

Corporations employing notaries public are not directly subject to O.C.G.A. § 45-17-11, which establishes the maximum fee a notary can charge and requires notification to consumers of the maximum fee.

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