Posted by laura padilla on 8/25/06 2:26pm
Msg #140953

name affidavit

I recently received a loan package with instructions on how to fill out the name affidavit form, it says that a notary may act as a witness and to sign on the witness line. I thought California is not a witness state and therefore I couldn't do that. is this so?

Reply by John_NorCal on 8/25/06 3:29pm
Msg #140975

You can witness anything that requires a witness. You just can't notarize anything without the proper notarial wording. I believe that witness states are concerned with witnessing documents that are to be recorded such as mortgages, dot's, etc.

Reply by laura padilla on 8/25/06 3:34pm
Msg #140978

thank you.

Reply by Gary_CA on 8/25/06 3:50pm
Msg #140981

Of course, once you sign as wittness

you're not gonna notarize it. Right???

Reply by Gerry_VT on 8/25/06 4:33pm
Msg #140989

Re: Of course, once you sign as wittness

The way I understand it, if the bottom of a document looks like this it is OK:
/s/John Borrower

Witnessed by /s/Bill Notary and by /s/ Some Guy

State of __________ County of ________________
On ______________ before me Bill Notary a (state) Notary Public personally appeared John Borrower known to me ...

On the other hand, if the acknowledgement certificate read

State of __________ County of ________________
On ______________ before me Bill Notary a (state) Notary Public personally appeared John Borrower, Some Guy, and Bill Notary known to me ...

that would be no good.

Reply by Sylvia_FL on 8/25/06 4:37pm
Msg #140991

Re: Of course, once you sign as witness - Gary

Nothing stopping a notary from being a witness on a document that he/she is notarizing the signatures on. The witnesses signatures are not being notarized, only the signers signature - unless it is a will. If you look at the witness requirements for the states that require witnesses, some say that the notary may be a witness, another one states that the notary must be one of the witnesses.