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When a so-called notary demands money to release a loan

When a so-called notary demands money to release a loan

A notary who contacts you unprompted to demand deed or registration fees before a peer-to-peer loan is paid out is very probably an impostor. A real notary, listed in the official directory, never releases funds in exchange for an advance.

How the fake notary scam works

After a loan is agreed through an advert, the borrower is put in touch with a supposed Maître tasked with securing the deal. This character demands deed or escrow fees, then registration duties, and every payment triggers a fresh request for money.

Why the word notary reassures victims so much

A French notary is a public officer appointed by the Minister of Justice and supervised by a departmental chamber. Fraudsters exploit that image of neutrality and authority to obtain payments the victim would refuse to make to an ordinary private individual.

The forged documents sent by the pseudo-notary

Victims receive deeds bearing a fake seal, an invented office number, sometimes the name of a real notary whose identity has been stolen, plus a certificate of blocked funds. These arrive by free email or WhatsApp, never from an office's professional address.

How a real notarial office handles client money

In France, funds a notary receives on behalf of clients are deposited with the Caisse des Dépôts et consignations, a public financial institution. A notary therefore never asks for a transfer to a personal account, a cash order, a prepaid card or an account abroad.

Checking a notary's identity in a few minutes

Look up the name in the directory of notaries of France, then call the office on a number you found yourself, never the one printed on the letter you received. The departmental chamber of notaries can also confirm whether a loan file really exists.

A peer-to-peer loan does not necessarily need a notary

A private acknowledgement of debt is legally sufficient for a loan between individuals. A notarial deed is still useful for large sums because it is directly enforceable; our page on the notary's role in a private loan explains when to use one.

The fake foreign notary and the transfer tax

A common variant features a notary based abroad who cites a currency exchange tax or an authorisation from the central bank. These charges do not exist and amount to an international transfer fraud aimed at people waiting for a promised loan.

Genuine notary fees: regulated tariff and invoice

Notaries' fees are set by a regulated tariff and come on top of the duties collected for the State. They are paid on invoice by the client who instructed the office, never by the borrower of a stranger he has never actually met.

Fake notaries and the theft of your identity

To build a fake file, the bogus notary asks for your identity card, proof of address and bank details. These documents are then used to open accounts or take out credit in your name; read our report on loan-related identity theft.

Reporting a fake notary to the authorities

Alert the departmental chamber of notaries and the Conseil supérieur du notariat when a real notary's name has been misused. Also report the content on PHAROS, then file a complaint with the police or gendarmerie, attaching the fake deeds and proof of payment.

What the tax office actually expects from a private loan

The only tax formality linked to a loan between individuals in France is filing formulaire 2062, the loan declaration form, when the amount exceeds 5 000 euros. It is free and submitted to the tax administration with no paid intermediary involved.

Protecting your rights after paying the pseudo-notary

Contact your bank immediately to try to recall the transfer, especially if it is recent, and keep every letter. If a lawyer or consumer association is helping you, give them the complete timeline of your exchanges with the fake Maître.

Checking a notary before signing a loan

  1. Write down the name, town and address of the office you were given, then look them up in the official directory of notaries of France.
  2. Call the notarial office on a number you found independently and ask whether a file exists in your name.
  3. Refuse any payment to a personal, foreign or prepaid account, even when it is described as escrow.
  4. Ask for a draft deed and a written quote detailing fees and duties, prepared by an office you chose yourself.
  5. Have the loan agreement reviewed by your own notary or a lawyer before signing anything.
  6. If in doubt, contact the departmental chamber of notaries and keep every document you received.

Real notary fees versus the fees the fraudster demands

Type of feeLegal position in FranceThe fake notary's version
Private acknowledgement of debtNo mandatory notary feePresented as impossible without a notary
Notarial loan deedFees at the regulated tariff plus duties, on invoice (indicative)Flat fee payable upfront by cash order or prepaid card
Holding the fundsDeposit with the Caisse des Dépôts et consignationsEscrow account in a private individual's name
Tax declarationFree formulaire 2062 above 5 000 eurosFictitious registration tax to be paid
International transfer feesBank charges billed by your own bankExchange tax or central bank authorisation

What to keep when dealing with a fake notary

Signs that give away a fake Maître

Questions about the fake notary fraud

Can a notary demand fees before releasing a peer-to-peer loan?

A real notary bills deeds to the client who instructed the office, with a quote and an invoice in line with the regulated tariff. He does not charge an unknown borrower to release money, and client funds pass through the Caisse des Dépôts, never a personal account.

How can I check that a notarial office really exists?

Use the directory of notaries of France to find the name and address of the office, then call it on the number listed there. You can also contact the departmental chamber of notaries, which knows every office within its area.

A real notary's name appears on the documents: is that reassuring?

No. Fraudsters often steal the identity of existing notaries to look credible. Only a direct call to the office, on a number you found yourself, tells you whether that notary is actually handling a file that concerns you.

I have already paid a fake notary: what should I do first?

Warn your bank straight away to try to recall the transfer, stop all payments, then file a complaint with the fake deeds. Also report the impersonation to the chamber of notaries and watch your accounts, as your identity documents may have been reused.

Useful official sources