Posted by 101livescan on 6/20/08 1:47am
Msg #252180

CA borrower signing by mark

Question: Can I be one of the witnesses, or should it be her husband...we have one already, a financial consultant who can attest to her signing with her mark.

It is a RM product with CW...I've never signed loan documents with a borrower signing by mark.

Appreciate any one's imput that can help me through this.

Reply by Lee/AR on 6/20/08 1:49am
Msg #252181

huge thread a few pages back & check your handbook n/m

Reply by janCA on 6/20/08 10:35am
Msg #252227

This is in your CA notary Handbook. Refer to it and keep it by your side always.

Reply by GWest on 6/20/08 10:52am
Msg #252233

The handbook does not state who can be a witness, but you may want to check with the TC as to their requirements. Most don't want a relative or someone with a possible financial interest. Special veribage must also be typed on the document for title insurance purposes.

Reply by 101livescan on 6/20/08 10:59am
Msg #252235

Thank you GWest, of course, I have the handbook on my desktop and in my brief case, but it does not address whether the husband can be the witness, and I have a call into the escrow officer to make sure they have no objections on husband being a witness.

Thank you for your kind response.

Reply by Linda_H/FL on 6/20/08 11:01am
Msg #252236

Since it's an RM on their primary residence

doesn't the husband acting as a witness create a conflict? Not up on CA real property laws so not sure - just a thought.

I would think it would be best to have an independent party as a witness. MHO

Reply by 101livescan on 6/20/08 11:25am
Msg #252257

Re: Since it's an RM on their primary residence

You're right, Linda. Here is how it is: The husband cannot be one of the witnesses, neither can I. Has to be two unrelated parties to the transaction, since it is a RM on their primary residence, but likely any document must have two unrelated parties to the event.

Good exercise, huh?

Reply by janCA on 6/20/08 11:29am
Msg #252260

I was not being unkind, but to me this is just common sense and so often questions from Ca notaries are asked on this forum that if they just looked in their handbook, the answer is there. I would not think the husband could be a witness on documents that he is also signing, that would be a conflict of interest. This could also be lender specific. I did a signature by mark one time where the grandson and the nephew were witnesses but were not named in the doc's. That lender was fine with this. They were only acting in the capacity of witnesses verifying the mark of the individual, not as credible witnesses verifying the identity of the signer.