Posted by Anonymous on 1/25/06 7:20pm
Msg #91192

Question for MoJo users.

I'm doing a notarization (1 signature) for a relative of a friend tomorrow. I will be using my friend as a personally known credible witness because the relative doesn't have proper ID. I know that the CW has to sign my journal but I'm not quite sure where. Any input?

I know there is a subscribing witness Acknowledgement. Can I use the general ack form ( I'm 99% sure I can but just want to make sure) for this ack? thank you very much

Reply by Mike_AZ on 1/25/06 7:30pm
Msg #91194

One line for the signer, one line for the witness.

Have each sign where it says "sign here."

The notarial certificate you use will depend on which state you are in. Post again with your state. How you handle the credible witness also varies widely by state.

Use the box on the far right of the left hand page to talk about the CW stuff.

Reply by Anonymous on 1/25/06 8:04pm
Msg #91198

Sorry. I'm in Ca. Thanks Mike n/m

Reply by Kate/CA on 1/25/06 9:03pm
Msg #91212

Re: Sorry. I'm in Ca. Thanks Mike n/m

You need two credible witnesses in CA.

For the person (client) you are notarizing for, you will have the two witnesses sign in the space where the ID information normally goes for that client. The Client will sign in the signature box and I always get a thump print of someone who does not have proper ID even if is not a deed of sorts.

You will have an entry showing all the ID information for the two credible witnesses. They will also sign in the signature box for their ID and I also get a thump print from them. I post for this entry in the note section that they are credible witness and the person's name.
"credible witness for John Jones"

So in all you have three entries if you are only notarizing one document.

Hope this helps

Reply by JanetK_CA on 1/25/06 9:38pm
Msg #91217

Re: Sorry. I'm in Ca. Thanks Mike n/m

Actually, if the credible witness is personally known by the notary and personally knows the signer (which appears to be the case here), only one witness is necessary in CA. That witness provides a "chain" of personal knowledge between the signer and the notary.

A subscribing witness is a cat of a different color, though, and should not be confused with a credible witness. Use of a subscribing witness has nothing to do with the identity of the signer, but is more of a surrogate, personally appearing before the notary for the person who actually signed the doc. The signer "acknowledges" they signed the doc to the SW, who then swears to the notary that the person acknowledged their signature before them. This also requires a chain of personal knowledge, rather than ID. Naturally, subscribing witnesses should be used only when absolutely necessary. For more details, study your CA handbook. (I believe an example is included.)

Reply by Anonymous on 1/25/06 11:44pm
Msg #91236

Thank you. I do personally know the credible witness. n/m

Reply by CaliNotary on 1/26/06 12:38am
Msg #91241

Re: Thank you. I do personally know the credible witness. n

Just make sure that the circumstances of the person not having ID allow you to use a credible witness. If it's not a situation where it would truly be very difficult or impossible for him to obtain another form of ID, you can't use a credible witness as ID.

Reply by CaliNotary on 1/26/06 12:39am
Msg #91242

Re: Sorry. I'm in Ca. Thanks Mike n/m

"Actually, if the credible witness is personally known by the notary and personally knows the signer (which appears to be the case here), only one witness is necessary in CA. That witness provides a "chain" of personal knowledge between the signer and the notary."

It just goes to show, there are always new things to learn on this board. I should have known this, but I didn't. But lo and behold, when I checked my notary manual, there it was!

Reply by Kelly M Robertson on 1/26/06 7:26am
Msg #91260

Be Careful When Using a Relative as the Credible Witness

You don't want any conflict of interest and of course, your friend cannot benefit financially or be named in the document you are notarizing for his/her relative. You dont' have to log your friend's ID because you know him/her (personally known is your ID method). Feel free to call me if you get stuck.