Posted by Stamper_WI on 5/11/06 3:06pm
Msg #119229

Need your opinion

I have a signing tonight where the wife has no picture ID. WI Notorial law state we can do one credible witness...which so far we haven't found So the borrowers are on their way to the DOT to get an ID for her (Which they can get in one day). The SS has suggested that if she does not get it today to go ahead and witness their signitures tonight and not seal until tomorrow when there is proof of ID or seal and hold doc's until there is proof with picture ID. To me, this is the equivalent of backdating. Am I correct in my thinking?

Reply by LisaWI on 5/11/06 3:22pm
Msg #119231

Hi Zana,
The credible witness needs to know both of you in case you didnt know that which you probably do. And I would say yes that is backdating or darn close to it. Doesnt the whole process start with posititely identifying the person??? Those are my guidelines anyway. No ID, no sign until that is satisfied.

Reply by Stamper_WI on 5/11/06 3:31pm
Msg #119236

Thanks, you are the 2nd Wi notary to verify my thoughts on it. The SOS said credible witness (Ann) which I am reasonably sure we can find on as the hubby is a Rev. But because it is a loan I am uncomfortable doing that.
The Title Co is requesting a copy of the ID AND SS card as well.
I am seriously considering doing finger printing even though it is not required here. Lisa we have to make a serious effort about tightening notary law here! The rules call for "satisfatory evidence" with out really saying what that evidence is!
I think I'll read the patriot act for my summer reading!

Reply by SamIam_CA on 5/11/06 7:22pm
Msg #119290

Just an FYI that is CA we can use two credible witnesses that are not personally known by the notary - see below -
That said - in this WI case I think it is the same as backdating and I wouldn't do it.


C. Oaths of Two Credible Witnesses – The identity of the signer can be established by the
oaths of two credible witnesses whom the notary public does not personally know (Civil
Code section 1185(c)(2)). However, in such a case, the notary public must first establish the
identities of the two credible witnesses by the presentation of paper identification documents
Table of Contents
GENERAL INFORMATION 9
as set forth above. Under oath, the credible witnesses must then swear or affirm under penalty
of perjury to each of the things sworn to or affirmed by a single credible witness, as set forth
above. (Civil Code sections 1185(c)(2) and 1185(c)(1)(A)-(E)).
NOTE: The credible witnesses must sign the notary public’s journal and the notary
public must indicate in his or her journal 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 identities (Government Code section
8206(a)(2)(E)).

Reply by dickb/wi on 5/11/06 3:29pm
Msg #119234

the last one i had like that i didn't find out untill i got there....i adjourned the signing.......he went to dot and got his lic that day and i came back and we signed......i got paid for 2 trips...the ss said get a couple of wittnesses and just sign...i told them we could not do that unless both the signer and i personaly knew the wittnesses....the ss said that is baulder dash, and i said no its the rule in wi.....they checked with nna who did give them the correct answer [which surprised me].....and all worked out well.....with out the id...no sign.....

Reply by Stamper_WI on 5/11/06 3:33pm
Msg #119237

We should meet in WI Dells

...and brainstorm

Reply by Stamper_WI on 5/11/06 3:33pm
Msg #119238

...at the casino n/m

Reply by Stamper_WI on 5/11/06 3:42pm
Msg #119240

She got her ID!

Took an hour. Gotta love WI!

Reply by LisaWI on 5/11/06 9:02pm
Msg #119304

Re: Zana, Yes- Yes-Yes

I know our laws need some serious thought and revising on some issues. A meeting huh?? At a casino you say. I dont gamble, but would be up for a little entertainment. We are in the process of moving right now, and not exactly sure where we are going at this point, but I plan on getting back into the swing of things again when it all settles down. As far as the fingerprinting thing, I was pondering that also. I believe Janel does it. She would be another person to get involved in this get together. She has been at it for awhile and has a lot of drive for the industry. (If you read this Janel, Love Ya!! )

Reply by Stamper_WI on 5/11/06 9:58pm
Msg #119315

Re: Zana, Yes- Yes-Yes

The casino is the only place I know is there and that is because it sits on the old family farm site. First thing that popped in my head.
I am starting a notebook with "issues" I think need addressing as I think of them.