Posted by Korey Humphreys on 3/12/07 9:24am
Msg #179528

What would you do in this situation?

Below is an email I received this morning. What would be your response?

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Hi Korey,

My younger sister's boyfriend, they have been together for 20+ years, have a 14 year old together. He needs to get a document notarized to send back to a lawyer in CT due to a Will Release. However, he has been released from prison for an outstanding warrant does not drive only ID is a picture form/paper from being released from prison.

He has been refused from a bank he tried and not sure what to do. Could you notarize the document or do you have a suggestion? Resides in Natick.

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I would like to help but obviously the guy doesn't have proper identification. I'm going to have to decline the service request. However, I'm curious as to what your responses would have been if this email was sent to you.

Reply by MistarellaFL on 3/12/07 9:28am
Msg #179530

Advise him to get his ID

Once released from prison, he should have not trouble getting some form of ID.
In FL, they receive a photo-document (probably the one mentioned) from prison that the DMV accepts and will issue one, either D/L or ID card.

Reply by BrendaTx on 3/12/07 9:28am
Msg #179531

Re: What would you do in this situation? Witnesses?

Counld you have used witnesses. In Texas I could have gone on the word of one witness.

Reply by Korey Humphreys on 3/12/07 9:40am
Msg #179533

Re: What would you do in this situation? Witnesses?

In Massachusetts the witnesses have to be personally known by the notary public. This sounds kind of odd though, therefore I called my supervising attorney and will find out shortly.

Reply by Korey Humphreys on 3/12/07 9:45am
Msg #179535

Here's the answer

Can I notarize for a stranger with no identification?

When a document signer is not personally known to the notary and is not able to present reliable identification documents, that signer can be identified on the oath or affirmation of a credible identifying witness. The word of a credible identifying witness is satisfactory evidence of identity and equivalent to personal knowledge. A credible identifying witness, often called simply "a credible witness," is like a human ID card that identifies the document signer. The credible identifying witness must personally know the document signer and must also be personally known by the notary. This establishes a chain of personal knowledge connecting the notary with the signer. For example, if a stranger without satisfactory identification requests a notarization, the notary need not turn this person away if the notary has a friend present who personally knows the individual. The friend could serve as a credible identifying witness. By definition, a credible identifying witness is a believable person. Credible identifying witness should be honest, competent and impartial to the matter at hand. This means that the credible identifying witness should neither have a financial interest in a notarized document nor be named in it.

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I like your laws better Brenda.

Reply by Stoli on 3/12/07 9:58am
Msg #179539

Credible witness

Who signs the journal? ID has not been estblished for the document signer?

Reply by Korey Humphreys on 3/12/07 10:08am
Msg #179543

Re: Credible witness

If I were to notarize the signatures in this case, I would have the signer (the 'younger sisters boyfriend') and the CW sign in my journal. The ID notation section in my journal would reflect that the ID was a CW.

The oath of the CW would be noted in the journal too.

Reply by MelissaCT on 3/12/07 10:03am
Msg #179541

CT has the same CW rules -- know how often I know

someone that the signer knows? I've notarized for my neighbor twice, did a refi for someone I know from church twice -- in over 3 1/2 years. Granted, those are the times I knew the signer personally, but 99.9999 times out of 100 there is not that "chain of personal knowledge" required under my state's CW rules.

Reply by CaliNotary on 3/12/07 4:59pm
Msg #179621

I don't understand why you needed clarification

If the law says you need to personally know the credible witnesses, then you need to personally know the credible witnesses. What is so confusing that you'd need to ask your supervising attorney about it?

Reply by Korey Humphreys on 3/12/07 7:19pm
Msg #179641

Re: I don't understand why you needed clarification

because I was operating under an assumption. I did not know if my belief was correct. The message was posted before I got the right answer.

Reply by dickb/wi on 3/12/07 6:17pm
Msg #179633

korey...in wi the wittness[es] have to.....

be personally known to the notary and the affiant.....thats a hard one to match......

Reply by Julie Williams on 3/12/07 10:16am
Msg #179546

Tell HIM to call secretary of state..

and explain the situation or have him call an attorney for advice.

That's what happens when you fool around....

Reply by Gerry_VT on 3/12/07 10:32am
Msg #179550

Since the person is a nephew, maybe he goes (or went) to school in the same area you did. Maybe there is a teacher at the school who you remember and who knows the nephew. I notice that Massachusetts does not offer non-driver IDs to people under 16. If the matter is not urgent, he could get a passport.

Reply by MikeC/NY on 3/12/07 6:00pm
Msg #179628

Does MA allow for a subscribing witness?

NY allows this for an acknowledgment (but doesn't mention "credible witness" at all). Does MA law address this at all?