Posted by Anonymous on 6/14/05 10:32pm
Msg #44699

Can you sign loan package with credible witnesses?

When borrower does not have proper Id?

Reply by Sylvia_FL on 6/14/05 10:38pm
Msg #44703

To get the correct answer to your question, you need to indicate which state you are in.
Different states have different laws regarding credible witnesses, some states do not allow for credible witnesses at all

Reply by Anonymous on 6/14/05 10:47pm
Msg #44708

Im CA, thank you Sylvia

Reply by FL Notary on 6/14/05 11:04pm
Msg #44715

You can in Florida if the lender will allow it.

Reply by Sylvia_FL on 6/15/05 7:16am
Msg #44766

In Florida we can use credible witnesses only if it is impossible for the borrower to get ID - and unless the person is bedridden or in a nursing home etc it is possible. I have come across this before, and have had to have the signing rescheduled for the next day when the borrower has gone to get ID. - It may be inconvenient sometimes for the borrower to get ID, but it is not impossible.

Reply by Becca/FL on 6/15/05 7:44am
Msg #44771

I did it once, right after the storms. The womans FLDL was expired. Our DMV was destroyed and the one in Ft. Pierce was also closed due to damage. Local law enforcement gave people a 30 day extention.

Reply by Sylvia_FL on 6/15/05 10:25am
Msg #44797

Re:Can you sign loan package with credible witnesses?-Becca

Then it would have been impossible for her to get ID, so you did right.

But I hear of too many instances of where the signing is in the evening, borrower doesn't have ID so signing agent will use credible witnesses, when in fact the borrower can get ID the very next day. - Or I hear where their ID doesn't match completely, so the signing agent will get credible witnesses to ID the borrower as the name on the docs.

Reply by Melody on 6/14/05 11:48pm
Msg #44728

Yes

Read your Calif notary regulations. The answer is there.

Reply by John_NorCal on 6/15/05 7:43am
Msg #44770

Don't like to respond to anonymous posters, but here goes.....
Your responsibility is to identify the person(s) who appears before you. Here is the statute that specifies identification as taken from the California notary Handbook for

ACKNOWLEDGMENT
The form most frequently completed by the notary public is the acknowledgment. The
acknowledgment form is set forth in Civil Code section 1189. In the acknowledgment, the
notary public certifies:
1. That the signer personally appeared before the notary public on the date indicated in
the county indicated.
2. To the identity of the signer.
3. That the signer acknowledged executing the document.
The notary public sequential journal must contain a statement as to whether the identity of
a person making the acknowledgment or taking the oath or affirmation was based on personal
knowledge or satisfactory evidence. If identity was established based on satisfactory
evidence, then the journal shall contain the signature of the credible witness swearing or
affirming to the identity of the individual or the type of identifying document used to establish
the person’s identity, the governmental agency issuing the document, the serial or identifying
number of the document, and the date of issue or expiration of the document. If the identity
of the person making the acknowledgment or taking the oath or affirmation was established
by the oaths or affirmations of two credible witnesses whose identities are proven upon the
presentation of satisfactory evidence, then the journal shall contain the type of identifying
documents, the identifying numbers of the documents and the dates of issuance or expiration
of the documents presented by the witnesses to establish their identity.
The certificate of acknowledgment must be completely filled out at the time the notary
public’s signature and seal are affixed.
The completion of an acknowledgment that contains statements that the notary public
knows to be false not only may cause the notary public to be liable for civil penalties and
administrative action, but is also a criminal offense.

Keep a copy of the handbook in your briefcase, it can answer a lot of your questions.

Reply by John Gonzalez on 6/15/05 7:46am
Msg #44772

Should read Handbook for 2005 n/m

Reply by Anonymous on 6/15/05 7:50am
Msg #44773

Thank you JOHN!N/M

Reply by Anonymous on 6/15/05 7:51am
Msg #44774

Re: Thank you JOHN_NOCAL

Reply by Sam on 6/15/05 10:26am
Msg #44798

I just wanted to add that the front of the MoJo has instructions for how to enter the credible witness info correctly into your journal.

Reply by Stephen_VA on 6/15/05 10:15am
Msg #44794

Depends on the State

In Virginia we can't use credible witnesses.

Reply by TAgey_VA on 6/15/05 4:01pm
Msg #44906

Re: Depends on the State

Stephen, I am in VA. For my records - could you please let me know where I can find the info on our not being able to use credible witnesses? I have looked over the handbook and could find nothing. Is it in the legislation?

I have not had to do this, but would like to have the back up on print for those who might insist in the future.

Thanx!

Reply by PAW_Fl on 6/15/05 10:08pm
Msg #44998

Re: Depends on the State

Most statutes do not list things you cannot use. They only list things a notary can do or use, as in the case of identification.

Section 47.1-14 Duty of Care
A notary shall exercise reasonable care in the performance of his duties generally. He shall exercise a high degree of care in ascertaining the identity of any person whose identity is the subject of a notarial act. Unless such person is known by the notary, identity shall be ascertained by examination of one or more of the following documents: A United States Passport, a certificate of United States citizenship, a certificate of naturalization, an unexpired foreign passport, an alien registration card with photograph, a state-issued driver’s license, or a state-issued identification card or a United States military card. (1980, C. 580; 2002, c. 379

The statute shown above does not list the use of credible witnesses to ascertain the identity of a person. Therefore, the use is not authorized.