Posted by Art Castaneda on 8/10/06 11:10am
Msg #137990

Illegal Aliens

I have a question in regards to verifying the citizenship of a client. I had a signing where the husband was legal and I found out later the wife wasn't. The husband had the drivers license, but the wife had a questionable id, so I used the 2 witness approach. Afterward the loan got cancelled and I had to go out and just get the husband only signed on a new loan. It meant 2 fees, but I haven't received another call from the signing company. Did I do anything wrong?

Reply by SueW/Tn on 8/10/06 11:34am
Msg #137995

would you clarify please...

"but the wife had a questionable ID so I used the 2 witness approach".

Reply by John_NorCal on 8/10/06 12:01pm
Msg #138000

***I have a question in regards to verifying the citizenship of a client.***
That is not your job as a notary. You are to acknowledge the signature of a person who appears before you and presents valid identification as outlined in the notary handbook.

***The husband had the drivers license, but the wife had a questionable id, so I used the 2 witness approach. ***

What do you mean here? What is the 2 witness approach supposed to mean? Did you use credible witnesses? Did you administer an oath and had them sign your journal?

Not to be nasty, but I think you better study your handbook real hard and fast before you get your proverbial t_ _ in a wringer due to your negligence in a notarial act.

Reply by CaliNotary on 8/10/06 12:01pm
Msg #138001

It's not our job as notaries to determine citizenship, nor are people required to be US Citizens for us to notarize their signature. That is a situation where use of credible witnesses actually is valid IMO.

Reply by SarahBeth_CA on 8/10/06 12:28pm
Msg #138008

I don't know Cali, there's a lack of pertinent information. She had a questionable ID. Was it one of the acceptable forms of ID? If it was then no credible witnesses allowed.

Reply by Ernest__CT on 8/10/06 12:30pm
Msg #138010

So many questions

First, ask the signing company whether you did anything wrong IN THEIR EYES. They won't hesitate to tell you!

"... questionable id ..."? Huh? Why would a notary permit a signing when one of the borrowers had questionable ID?!r Hello? Aren't we supposed to be IDENTIFYING the borrowers (or signers, as the case may be)?r Isn't that the reason why people use us?r

Did any of the forms state that she is a US citizen? If you notarized such a document, you're in deep weeds. As other people have Posted, it is not your job to determine whether someone is a US citizen, but if you knowingly notarize a false statement you may be in for more trouble that you want.

As has also been Posted, you need to do serious review of your notary rules!

Reply by Jahari Davis on 8/10/06 1:35pm
Msg #138031

Two questions...

1.) What kind of ID did she present to you?

2.) Were the witnesses credible identfying witnesses?

Reply by TitleGalCA on 8/10/06 9:14pm
Msg #138108

Re: Illegal Aliens - n/m

Reply by TitleGalCA on 8/10/06 9:20pm
Msg #138109

Re: Illegal Aliens- Different Take

Your question is..."Did I do anything wrong"?

First, you didn't like the wifes ID, but you didn't say why, so you went to credible witness. Did you use the rule that "only if it would be impossible for the signer to obtain ID" that credible witness' were okay?

My guess is no. There is your mistake, but I don't think you know it because it wasn't important in your post.

(Legal or illegal isn't our job as notaries...only to establish identity and to conduct the signing.)

Then, the loan got cancelled and you got your fee twice....yet you ask "Did I do anything wrong?" because the SS hasn't called you back.

I think your worried about something that shouldn't be worried about...and not worried enough about what should be worried over!