Posted by A Casey on 4/12/10 12:59pm
Msg #331343

family members as a witness

Is a family member an acceptable witness?

Reply by Cari on 4/12/10 1:29pm
Msg #331349

follow your handbook.... n/m

Reply by Robert/FL on 4/12/10 1:46pm
Msg #331352

Can we not just help people without referring them to their

handbook?

The handbook does not always cover every possible situation.

And it sounds like the original poster was asking if a family member may witness the borrower's signature on a mortgage, etc. This is not something that would be covered in a notary handbook.

Though their may not be laws in your particular state that designate who may/may not serve as a witness, it is a better practice to use an unbiased party as a witness. Perhaps a neighbor, etc.

Reply by Sylvia_FL on 4/12/10 2:12pm
Msg #331357

Re: Can we not just help people without referring them to their

There are times when it is best to refer members to their state's handbook. Often times the answer is there. Referring them to their handbooks is akin to telling our children to look up a word in the dictionary themselves - they retain the information better than just being told what the word means.

I believe you are correct in what the OP meant, but I have asked him/her for clarification.

Reply by Cari on 4/12/10 4:06pm
Msg #331385

Robert, ur post is a$$ a$$inine as your a$$sumptions...

Reply by jba/fl on 4/12/10 4:33pm
Msg #331393

Cari - you are being abusive - downright UGLY! STOP!!! n/m

Reply by Cari on 4/12/10 6:43pm
Msg #331422

OMG...seriously.... n/m

Reply by Robert/FL on 4/12/10 5:20pm
Msg #331403

How, Cari? Did you ever think that not every question

is answered in the state manual?

No wonder people are afraid to post on these message boards! Every question is met with nothing but contempt. We are all notaries here and we should be willing to help other notaries get it right in order to raise the standards of our profession, instead of referring them to their manual so they can misinterpret something and go on being another incompetent notary.

Reply by Ernest__CT on 4/12/10 5:33pm
Msg #331407

Well said, Robert. Shame on you, Cari! n/m

Reply by Cari on 4/12/10 7:08pm
Msg #331430

Shame on me for what exactly Ernest? n/m

Reply by Sylvia_FL on 4/12/10 6:14pm
Msg #331416

Re: How, Cari? Did you ever think that not every question

"instead of referring them to their manual so they can misinterpret something and go on being another incompetent notary."

Why should we assume they will misinterpret their state's handbook? Who is to say that the person who responds isn't misinterpreting the handbook??

I agree on helping other notaries when we can, but their best source of help on notary questions is in their own state's handbook. I have seen responses to questions before that were not in compliance with the questioners notary laws. Each state has different notary laws. And rather than rely on responses in this forum, it is much better to read ones own notary handbook (for those states that supply a handbook).

Reply by Cari on 4/12/10 7:06pm
Msg #331429

curious, which states do NOT have handbooks or some sort

of notary guidance?

Can the SOS of those states really be so lax in that they don't even have a handbook for their notaries?

Reply by Maureen_nh on 4/12/10 10:50pm
Msg #331454

Re: curious, which states do NOT have handbooks or some sort

After a zillion years we finally got a handbook last year. They upped the fee $25 but I paid it quire gladdly

Reply by MikeC/NY on 4/12/10 10:58pm
Msg #331456

Re: curious, which states do NOT have handbooks or some sort

NY doesn't - what we have is a booklet entitled "Notary Public License Law", and it basically contains abstracts of the various state laws that pertain to notaries, sometimes without explanation. No rhyme or reason to the way the booklet is laid out, and not always very helpful when a question comes up...

Reply by jba/fl on 4/12/10 11:14pm
Msg #331457

Re: curious, which states do NOT have handbooks or some sort

WA does not.

Reply by Notarysigner on 4/12/10 6:17pm
Msg #331417

Re: How, xxx Did you ever think that not every question

There is mentoring and there is hand holding. Relying on someone to hold your hand makes you another incompetent notary. I've had a number of occasions where the answer isn't in the handbook. In that case, I contacted to SOS' office for the answer. What's wrong with that? Isn't that what you're suppose to do? or is there a designated expert on this forum?

Reply by Robert/FL on 4/12/10 6:37pm
Msg #331421

The OP was simply asking a question. I don't see why

it is such an issue to simply give the OP an answer, rather than refer her to her handbook as Cari did (not taking into consideration that A) some states don't even have a handbook and B) the original question would not be something covered in a notary handbook).

Florida probably has the biggest notary handbook of all 50 states. And it still leaves a LOT up for interpretation. In these instances I don't see why someone shouldn't be allowed to post here and ask for others opinions.

Instead, every single post by a newbie is answered with "Look in your own handbook". Why don't WE take the initiative and help the poster FIND the answer in their handbook, rather than just giving them a generic "Look in your handbook" answer when they may not even have a handbook in their state.

Reply by Sylvia_FL on 4/12/10 6:45pm
Msg #331424

Re: The OP was simply asking a question. I don't see why

In this case, of the OP, there should not have been an issue.

But when someone asks a basic notary question that would be covered in their state's handbook (not all states have handbooks I know, but all states do have notary laws that their notaries should be familiar with), then they should check their own notary laws. Sure, they could ask on here and get about a dozen different interpretations of their notary laws.
Much better to interpret themselves, as ultimately the are responsible for their actions.

Reply by Cari on 4/12/10 6:51pm
Msg #331425

Agree and add sometimes common sense can help as well....

although that bit of info is completely omitted in most some state's handbook

Reply by Cari on 4/12/10 7:02pm
Msg #331428

If the OP did a SEARCH on this forum, they would've found

their answer....period.

Reply by Notarysigner on 4/12/10 2:15pm
Msg #331358

Re: follow your handbook....

There are no liability issues for the notary if you refer the person requesting information their handbook. Everyone should know how to get the correct answer that appropriate for them. IMO

Reply by Sylvia_FL on 4/12/10 2:08pm
Msg #331355

an acceptable witness for what??? can you be more specific, so you can get a better response?

Reply by Dallasnotary - Dallasnotary on 4/12/10 2:10pm
Msg #331356

Not if they are a party to the transaction--

Reply by BrendaTx on 4/12/10 10:01pm
Msg #331446

Are you a Dallas Notary?

LOL

Reply by jba/fl on 4/12/10 10:13pm
Msg #331447

where's the Fort Worth Notary? n/m

Reply by A Casey on 4/12/10 2:32pm
Msg #331362

Thank you all for your reponses. I have always made it a practice to have unrelated witnesses when I am the one doing the acknowledging, but in this instance I was not the notary AND I did not have my hankbook with me to look it up. I am in the State of Florida, so it very well could be different in other states. Thanks!

Reply by A Casey on 4/12/10 2:37pm
Msg #331364

Thank you all for your reponses. I have always made it a practice to have unrelated witnesses when I am the one doing the acknowledging, but in this instance I was not the notary AND I did not have my hankbook with me to look it up. I am in the State of Florida, so it very well could be different in other states. Thanks!

Reply by Sylvia_FL on 4/12/10 2:42pm
Msg #331365

Where in Florida are you??

Reply by John/CT on 4/12/10 2:45pm
Msg #331367

Connecticut is one of the five so-called "Witness States". CT General Statutes Chapter 821, Section 47-5 does not specifically preclude family members from acting as one or both of the two required witnesses.

Reply by Patti Corcoran on 4/12/10 2:48pm
Msg #331368

Re: IMHO, Sylvia in your state

is a great wealth of info and seems always willing to lend a helping hand. Suggestion: stay in touch with her! JMO

Reply by Ernest__CT on 4/12/10 3:18pm
Msg #331374

Good to see you here, John! n/m

Reply by LKT/CA on 4/12/10 4:04pm
Msg #331384

My .04

Just because something is legal does not necessarily make it appropriate. So that all parties to a transaction are unbiased and remain "at arms length", it's just best to refrain from having witnesses that are related to the signers by blood or marriage, or who are named in the transaction or are beneficiaries or heirs to the transaction.

Legally in CA, I can notarize signatures for my spouse or relatives.....I choose not to and any transaction requiring witnesses [though CA is not a witness state but the attorney, TC, or lender may require them], I follow the guidelines above.

JMHO.

Reply by Sylvia_FL on 4/12/10 4:21pm
Msg #331391

Re: My .04

Completely agree