Posted by rengel/CA on 6/4/07 4:30pm
Msg #193584

First time using CW

In almost 4 years of my commission! I had to go to my handbook to find out how to do it

I guess I've been fortunate that I've had smooth signings all this time. (except for one and I will tell that saga another day)
Rengel

Reply by PAW on 6/4/07 4:35pm
Msg #193586

Never have ...

... for a loan signing. CA apparently is more lax in their interpretation on the use of credible witnesses than FL is, even though the wording is almost identical. The only time I have ever used two credible witnesses for ID, was for a patient in a hospital, for a healthcare directive.

Reply by Joe Ewing on 6/4/07 5:04pm
Msg #193592

Re: Never have ...

I don't think that CA is more lax PAW, they just aren't making the Lenders aware of it. The use of a CW is the notary's business unless he chooses to disclose it. Anyway I'm not sure you will get many CW's if you made them swear under penalty of perjury that their neighbor had a different middle initial.

Reply by ZeeCA on 6/4/07 4:55pm
Msg #193589

Did you charge additional fee for this? If you are doing a

regular notarization it is $10.00 for EACH CW...... The only signing I did that I used CW the company automatically added the additional $20.

Reply by Joe Ewing on 6/4/07 5:05pm
Msg #193594

Re: Did you charge additional fee for this? If you are doing a

>regular notarization it is $10.00 for EACH CW...... The only signing I did that I used CW the company automatically added the additional $20. <

Don't record that in your Journal!

Reply by rengel/CA on 6/4/07 6:05pm
Msg #193612

This wasn't a loan signing...

I should have been clearer. By day I am a mild mannered legal secretary and one of our attorney's had a client applying for a medical lien and they had her name as jane maidenname-married name. Her d/l had Jane middlename maidenname since she had just gone back to maiden name after a divorce.
I used the attorney as c/w, made him swear to what the handbook required, had him sign my journal as CW and notarized her sig on the form. I do have to admit that I had to thoroughly read the handbook to do it. But the handbook spells it out very well. And I did not charge since it was a client. But the charge would have been the $10 as allowed by the State of CA

Reply by janCA on 6/4/07 5:02pm
Msg #193590

Why on earth would you charge for CW's? This is part of the signing and is just another form of ID. You were lucky that your hiring entity agreed to pay you an additional fee for this. Wow!

Reply by ZeeCA on 6/4/07 5:05pm
Msg #193593

because they took about an hour to find 2 people and i called the title company to say the signing might not go thru as they did not have them lined up as they had agreed to and were not finding two people easily or immediately

I was asking if anyone charges for this as calif allows for that...........

Reply by Calnotary on 6/4/07 5:25pm
Msg #193597

But with CW you are not notarizing any signature we are just using them as ID. Can someone explain this?

Reply by ZeeCA on 6/4/07 5:39pm
Msg #193601

Believe me I am NOT an expert on this subject and in

retrospect... this was information given to me by XZ so, it could be suspect... I have only used CW once........

Reply by Terri_CA on 6/4/07 5:44pm
Msg #193602

The law states that a CA notary cannot charge more than $10 per signature notarized, no matter what type of identification is used. However, the waiting time could be considered "travel" and thus, the notary may charge whatever they can negotiate. As long as you don't charge extra for the use of Credible Witnesses, only the time it took to wait for them.

The first post didn't state that for the extra hour they waited for the CW's to show up they charged an extra amount. It only stated that they charged the extra because they used CW's, totally different meaning.

Terri

Reply by Tina_MA on 6/4/07 9:22pm
Msg #193624

I've always wondered, how does the TC and lender show Patriot Act compliance when a notary uses CWs?

How does the notary show they've completed the loan package when almost every signing has a Patriot Act form that needs to be completed?

Every signing I've had in the past three years or so explicitly states that they need a copy of one or more ID's, one of which must be a DL or passport, and there is usually a Patriot Act form to be filled in as well, signed by the notary.

Reply by rengel/CA on 6/5/07 12:04am
Msg #193640

I don't know that I would use a CW for a loan signing, it hasn't come up before. This was a lien document, I know the attorney and the attorney knows his client.
I just thought it was interesting that this was the first time that this came up for me.