Posted by justin/CA on 9/25/07 3:20pm
Msg #213021

Signing with an "X"

If the borrower can not sign her name, only an "x" and this is how she signed her driver's license, I should be okay?

I've been doing signings for several years but never came across this. She is located in California.

Thanks for any help!

Reply by MistarellaFL on 9/25/07 3:24pm
Msg #213022

I am not familiar with CA notary law, but....

if this is for a lender, I am fairly certain that signing by mark should be approved by the lender before the closing.

Reply by Signing_Doc on 9/25/07 3:24pm
Msg #213024

Re: Signing with an "X"...go to CA Handbook page 14 which

states..."When the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark. (Civil Code section 14) The requirements for notarizing a signature by mark are as follows:

1. The person signing the document by mark must be identified by the notary public by either personal knowledge or satisfactory evidence. (Civil Code section 1185)

2. The signer’s mark must be witnessed by two persons who must subscribe their own names as witnesses on the document. One witness should write the person’s name next to the person’s mark and then the witness should sign his or her name as a witness. The witnesses are only verifying that they witnessed the individual make his or her mark on the document. A notary public is not required to identify the two persons who witnessed the signing by mark or to have the two witnesses sign the notary public’s journal.

EXCEPTION: If the witnesses were acting in the capacity of credible witnesses in establishing the identity of the person signing by mark, then the witnesses’ signatures must be entered in the notary public’s journal."

ALWAYS...ALWAYS...ALWAYS...go to YOUR state's handbook....((You DO have one don't you?)

"Doc"

Reply by janCA on 9/25/07 3:48pm
Msg #213033

Doc is correct

It is stated in the handbook for a notarization, however, the lender needs to be aware of this for signing all loan docs with a signature by mark. There shouldn't be a problem, but I would let them know beforehand, if they don't already, how the borrower will be signing.

Reply by Above and Beyond Closings - Alice on 9/25/07 5:15pm
Msg #213054

Re: Doc is correct

I did one last year and we had to have a 3rd party witness the "X". There was a specific verbage that had to be printed on the bottom of each page. I don't remember what it was but the lender provided it to me. The lender was American Hertiage in CA.