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Re: Interesting information from CA SoS's office...
Posted by Jules/CA of CA on 7/26/11 9:11pm Msg #391431
I have spoken to the SOS on several occassions about the interpretation of the notary laws. Of course, since they are not attorneys they cannot give legal advice. However, what they did tell me, on this particular occassion, led me to believe that there is a lot of "gray" areas in the laws and it is all how you interprete them.

In this situation, Irene is in CA and her id is in Chicago. According to the latest NNA notary workbook it says that when taking an oath or affirmation, each credible witness must state the following... This is one of the statements being made while taking an oath or affirmation of a credible witness, "The credible witness reasonably believes the signer's circumstances make it difficult or impossible to obtain an ID card.".

I believe that this is one of those gray areas. Who is to say what the meaning of "make it difficult or impossible to obtain an ID card" is to any person who is asked this. If the credible witness believes this and that witness has a approved ID, then there would be no reason for Nat to not notarize Irene's sig.

At the time Irene needed to get her signature notarized she was in California and her ID was in Chicago. I think that it would be impossible for her to get her ID because any solution would mean the document wouldn't get signed until the next day at the earliest.

This is where common sense comes into play. Wouldn't it be common sense to say that Irene could not reasonably get her ID in order to sign the document that day? Of course she has an ID, but not with her at the time, and the location of the ID certainly was not a 30 minute drive away, but many days of driving which is not "reasonable" in order to get the document signed and Irene's signature notarized.
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Messages in this Thread
 Interesting information from CA SoS's office... -  Marian_in_CA on 7/26/11 7:29pm
 Re: Interesting information from CA SoS's office... -  jba/fl on 7/26/11 7:35pm
 LOL! Technicalities! n/m -  Marian_in_CA on 7/26/11 7:36pm
 Re: Interesting information from CA SoS's office... -  Notarysigner on 7/26/11 8:12pm
 correction.. -  Notarysigner on 7/26/11 8:14pm
 Re: correction.. -  Marian_in_CA on 7/26/11 8:17pm
 Re: correction.. -  Notarysigner on 7/26/11 8:22pm
 Re: correction.. -  Marian_in_CA on 7/26/11 8:28pm
 First of all, this circumstance is extremely unlikely - FlaNotary2 on 7/26/11 8:19pm
 Re: First of all, this circumstance is extremely unlikely -  Marian_in_CA on 7/26/11 8:26pm
 To add to that... -  Marian_in_CA on 7/26/11 8:38pm
 I could easily justify the refusal - FlaNotary2 on 7/26/11 8:46pm
 Re: I could easily justify the refusal -  Marian_in_CA on 7/26/11 8:54pm
 Re: Interesting information from CA SoS's office... - Lee/AR on 7/26/11 8:20pm
 PLEASE continue I believe you. LOL n/m -  Notarysigner on 7/26/11 8:24pm
 It's also obvious that the writer failed to mention taht - FlaNotary2 on 7/26/11 8:27pm
 Re: Interesting information from CA SoS's office... -  MW/VA on 7/26/11 8:44pm
 Hence, the "gray area" I mentioned. You guys are funny! n/m - Jules/CA on 7/26/11 9:16pm
 Re: Interesting information from CA SoS's office... -  JanetK_CA on 7/27/11 11:51pm
 On another note - FlaNotary2 on 7/26/11 8:47pm
 Re: On another note - Sylvia_FL on 7/26/11 9:25pm
 Re: Interesting information from CA SoS's office... - Jules/CA on 7/26/11 9:11pm
 Re: Interesting information from CA SoS's office... -  Marian_in_CA on 7/26/11 9:40pm
 How did Irene get to CA? -  jba/fl on 7/26/11 10:06pm
 Re: How did Irene get to CA? - Lee/AR on 7/26/11 10:12pm
 Re: How did Irene get to CA? -  jba/fl on 7/26/11 10:13pm
 You guys are too funny. n/m -  Marian_in_CA on 7/26/11 10:17pm
 Re: How did Irene get to CA? - Jules/CA on 7/26/11 10:48pm
 Re: Interesting information from CA SoS's office... - Jules/CA on 7/26/11 10:45pm
 Re: Interesting information from CA SoS's office... -  LKT/CA on 7/26/11 11:11pm
 Re: Interesting information from CA SoS's office... -  Marian_in_CA on 7/26/11 11:28pm
 Re: Interesting information from CA SoS's office... -  LKT/CA on 7/26/11 11:38pm
 Re: Interesting information from CA SoS's office... -  Marian_in_CA on 7/27/11 12:09am
 Marian, this brings us back to the original issue I raised - FlaNotary2 on 7/27/11 8:15am
 Re: Marian, this brings us back to the original issue I raised -  Marian_in_CA on 7/27/11 10:56am
 You're comparing apples to oranges - FlaNotary2 on 7/27/11 11:46am
 Re: You're comparing apples to oranges -  Marian_in_CA on 7/27/11 1:09pm
 Re: You're comparing apples to oranges - Jules/CA on 8/2/11 8:59pm



 
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