Posted by Joshua Basil on 6/29/06 6:01pm
Msg #129702

credible witnesses

Am I wrong or is there a new law for California stating you can only use a credible witness if the borrower is unable to obtain an id.(ie. is in the hospital or is blind.....) and not simply they lost it and do not want to get a new one.

Please advise

Reply by ARC/CA on 6/29/06 6:15pm
Msg #129706

Section 1185 of the civil code states that the credible withness affirms "that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification."

I'm not aware of a new change to the requriements for a credible witness.

Reply by Joshua Basil on 6/29/06 6:40pm
Msg #129711

Thank you very much

Reply by CaliNotary on 6/29/06 6:57pm
Msg #129714

There are people on this board who will tell you that it's ok to use a credible witness in pretty much any situation where the borrower doesn't have ID, or to use a credible witness to add additional information to the name to make it match what's on the docs (such as the docs saying Jr. but the ID not saying Jr.)

Those people are wrong.

Reply by Blueink_CA on 6/29/06 11:05pm
Msg #129765

When I was a young notary, well not young but just commissioned, I would call NNA with every ID issue. The answer was always the same, " Use credible witnesses". Now that I've been around some (26 journals) I have read and reread the SOS rules and I have to agree with Cali. Credible Witnesses are to be used when no other form of ID is available or attainable.

However, I believe we, as notaries, need to use discernment when ID'ing clients. The SOS is not going to give examples, as it is up to the notary to interpret. A couple of examples:

Mr. and Mrs. Smith are buying a house. They just got married and Mrs Smith's ID shows her maiden name. She produces the marriage cert., pictures, and the recently frozen top layer of the cake. Do you notarize?

The single borrower has ID in the name of Ernest B. Smith. Docs say Ernie B. Smith. He produces credit cards, SS card and utility bills with the name of Ernie B. Smith. Do you notarize?

The young lady produces ID in the name of Penny Jones. Docs say Penelopy Agathy Jones. She hates that name. DMV allowed her the Penny Jones version, however she produces a birth certificate and SS card showing Penelopy Agathy Jones, do you notarize?

I understand the rules set by the SOS. If they gave any leeway to confirming identity, they would have the notaries who would identify someone by the name of I. B. Presley by his blue suede shoes.

Just my 2 cents.