Posted by fiKS on 2/25/05 2:52am Msg #22370
Expired ID
What do you do when one of the borrower's D/L has recently expired? She does not have a passport or any other state issued picture ID. However, I verified several other identification such as her medical insurance card and employee ID card. I am convinced she is who she says she is. But what about the validity of the ID verification form?
Credible witness? No can do. According to Kansas statutes, credible witness must be someone personally known by the notary to identify the signer - what are the chances of finding such person!
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Reply by Margaret/Florida on 2/25/05 7:19am Msg #22380
Expired ID's are OK, if it was issued in the last 5 years.
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Reply by fiKS on 2/25/05 8:15am Msg #22384
Great. Thanks. n/m
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Reply by Sylvia_FL on 2/25/05 2:32pm Msg #22476
fiKS Please understand that the info Margaret gave you is based on Florida notary laws. This may not be true in Kansas.
Your handbook only states you must identify the signer from "personal knowledge or satisfactory evidence" unfortunately I did not see anywhere where it indicated what constitutes satisfactory evidence.
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Reply by BK/FL on 2/25/05 8:35am Msg #22389
I did not know that. Could you please post where you found that information for the State of Florida? Thank you. BK/FL
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Reply by HARRY_PA on 2/25/05 8:50am Msg #22392
expired ids are not acceptable in my state.
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Reply by Sylvia_FL on 2/25/05 2:23pm Msg #22473
BK
When you applied for your commission, and having taken the 3 hour class, you signed a statement under penalties of perjury that you had read the Fl state statutes.
The information is in there Maybe you need to read them again.
I also recommend that you download a copy of the governor's manual and print it out - if you like I will be happy to e-mail it to you, I have it in one pdf file, instead of the smaller pdf files available on the governor;s website.
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Reply by Dennis D Broadbooks on 2/25/05 8:57am Msg #22393
Check With Your SOS!
Your Secretary of State's office should be able to provide you with some guidance if there are no specific statutes in your Notary handbook addressing what constitutes a valid ID. You need to obey your own state laws first & if it's not specifically spelled out in your handbook, seek further clarification from a source like your SOS office. Whatever you do DON'T take someone's advice on this board as gospel...especially if they're from another state. Their advice may be based on their own state's laws or experience & most certainly may not apply in your situation. Do your homework.
By the way, where are you located in Kansas? I grew up in Great Bend & lived in Topeka for 8 years.
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Reply by sunotary on 2/25/05 9:51am Msg #22401
Re: Check With Your SOS!
in CA as well
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Reply by sunotary on 2/25/05 9:51am Msg #22402
Re: Check With Your SOS!
in CA as well
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Reply by Dave_CA on 2/25/05 11:41am Msg #22434
Re: Check With Your SOS!
Actually in CA an expired DL can be acceptable if it was issued within 5 years but this just reinforces the point about checking the appropriate State law.
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Reply by BrendaTX on 2/25/05 10:08am Msg #22406
Texas ID Standards verbatim
From the rules:
...was identified by an identification card issued by a governmental agency or a passport issued by the United States...
However, what our ID rules state (in notary law) may not work for the Lender or TC we are doing the job for.
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Reply by Margaret/Florida on 2/26/05 8:57am Msg #22599
Here is the Florida Notary Law on acceptable ID. The first line tells you that the ID can be expired as long as it was issued in the last 5 years.
The 2004 Florida Statutes
2. Reasonable reliance on the presentation to the notary public of any one of the following forms of identification, if the document is current or has been issued within the past 5 years and bears a serial or other identifying number:
a. A Florida identification card or driver's license issued by the public agency authorized to issue driver's licenses;
b. A passport issued by the Department of State of the United States;
c. A passport issued by a foreign government if the document is stamped by the United States Bureau of Citizenship and Immigration Services;
d. A driver's license or an identification card issued by a public agency authorized to issue driver's licenses in a state other than Florida, a territory of the United States, or Canada or Mexico;
e. An identification card issued by any branch of the armed forces of the United States;
f. An inmate identification card issued on or after January 1, 1991, by the Florida Department of Corrections for an inmate who is in the custody of the department;
ETC,
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