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Misconduct/Fees

A member of the public suffers $20,000 in damages due to a notary's misconduct. The notary has a $15,000 surety bond. What is the maximum amount the injured party can recover from the bond?

A

$20,000, because the notary is personally liable for the full amount

B

$0, because the bond protects the notary, not the public

C

$15,000, because that is the full amount of the surety bond

D

$7,500, because the bond covers only 50% of any single claim

Correct Answer

C. $15,000, because that is the full amount of the surety bond

AI Explanation

The surety bond is a limited fund. The $15,000 surety bond is described as a 'limited fund' — it provides up to $15,000 to reimburse the public for notarial misconduct. The injured party could recover up to $15,000 from the bond. For the remaining $5,000, the injured party would need to pursue the notary personally in a civil lawsuit, since the bond does not cap the notary's personal liability.

Misconduct/Fees Question #278
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