Posted by Ana/Calif on 12/10/05 5:38pm
Msg #81749

Signature by mark...

I did a search and I couldn't find an answer to my question. I would definitely appreciate any input. I have a person signing by mark, my question pertains to her initials on the DOT...would she initial with an X since she doesn't write? Thanks Ana

Reply by Jenny_CA on 12/10/05 5:43pm
Msg #81750

She would "inital" with her mark, and sign the last page with her mark. Do you have the 2 witnesses?

Reply by Ana/Calif on 12/10/05 6:12pm
Msg #81756

Yes I do, there is actually three people on the loan and the LO stated the other two signers could serve as witnesses. I was just wondering about her initials. Thanks for your reply. Where in CA are you?

Reply by Brad_Ca on 12/10/05 6:38pm
Msg #81759

www.ss.ca.gov/business/notary/notary/htm

Go to handbook half way down the page on the left.

Pdf format of California notary Handbook will appear. Check out page 14.

You might want to burn (make) a copy for future reference.

Reply by PAW_Fl on 12/10/05 6:39pm
Msg #81760

>>> ... there is actually three people on the loan and the LO stated the other two signers could serve as witnesses. <<<

I don't think that is Kosher. In FL, the rule for witnesses to a person signing by a mark is, "Two uninterested persons must witness the signing of the document and the notarization and that their names and addresses be clearly printed under their signatures." Being a party to the loan certainly does not make them "uninterested" in the transaction.

But, you're in CA so YMMV.

Reply by Brad_Ca on 12/10/05 7:05pm
Msg #81764

Sorry bad link above. Use: http://www.ss.ca.gov/business/notary/notary_2005hdbk.pdf

Reply by Jenny_CA on 12/10/05 7:18pm
Msg #81766

Ana, for a recent signing for a S by M the LO wanted me to use witnesses that were on the docs. I told her I couldn't do that, the witnesses could not be on the docs. To make a long story short and after 3 trips in addition to the witnesses signing they also had to sign an additional form, Witness of Signature by Mark Statement, provided by the LO because the TC said the DOT would not record with out it. Now that form is not official notarial wording nor does it need to be notarized, however another Notary Public ( with 7 yrs. experience) does add the wording manually to recordable documents.

BTW I'm in Fresno, CA

Reply by Ana/Calif on 12/10/05 8:16pm
Msg #81775

Thank you all for your input, it is reassuring to know that there is support here when needed. Thanks for the site Brad I did take a look at it and it doesn't state that the witnesses need to be a disinterested party so I guess it is acceptable(reaffirms that things are different depending of what state we are in)...learn something new everyday = )

BTW Jenny the LO did provide me with the witness of signature by mark statement.

Thanks again...a great evening and weekend to all.

Reply by Trish on 12/11/05 7:18pm
Msg #81876

Ana,
You’re correct- your responsibility is to ID and have the person signing by mark personally appear. Who witnesses signature by mark is irrelevant!

Reply by MrEd_Ca on 12/11/05 12:47am
Msg #81797

Re: YMMV ?

......does that stand for 'Your Milage May Vary' ?? (I'm scratching my head over this acronym & I'm in CA ).

Reply by PAW_Fl on 12/11/05 6:59am
Msg #81801

Re: YMMV = Your Mileage May Vary (n/m)