Posted by Dave_CA on 8/18/07 10:26am
Msg #206383

Credible witness requirements

The situation was that the borrowers wife only had a Social Security card as ID so no signing.
My question is not about the advisability of using credible identifying witnesses but if their adult daughter, who had a valid DL could be one of the witnesses.
The daughter lived in the home which was the security for the loan but was not on title.
So, does that give her an interest in the transaction and therefore disqualify her?
Same question if she did not live in the subject property?
I do know the CA statute on this and I think it is very poorly written.
The way it is written I agree with Cali that we should almost never us credible witnesses but on at least 2 occasions the SOS office has stated that their interpretation of section (C) " That it is the reasonable belief of the witness 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" is that this applies to, at the time of the taking of this acknowledgment and leaves it up to the Notary to determine if the believe it is the same person.
Again the question is not the advisability of using credible identifying witnesses but if a son or daughter would be disqualified by reason of having an interest in the transaction even though they are not on title or named in the documents.
I'm not asking for a legal opinion just your take on this.

Reply by John_NorCal on 8/18/07 10:38am
Msg #206388

My take on this would be that you could use them. I don't believe that the son or daughter would have an interest in the property at the time of the loan. Although they may possibly have a chance to inherit the property at some point in time, the reverse is also true, they may never get title to the property.

Reply by ananotary on 8/18/07 10:40am
Msg #206389

I would ask them to provide witness that you can be positive

Do not have an interest.

Reply by Larry/Ca on 8/18/07 11:13am
Msg #206394

The qualifing determinations as...

to whether or not someone qualifies for use of a credible witness are made by and SWORN to by the credible witness themselves, not the notary. How would you know if they have a financial interest? If they say they do not under oath then that is what you need to accept. If it is ever questioned it is them, not you that would have to explain their oath.

Reply by Dave_CA on 8/18/07 11:46am
Msg #206404

Re: The qualifying determinations as...

Thank you Larry. I think you nailed it.
I should have paid more attention to section (E).