Posted by Ocean Pacific Notary Services, Inc. on 4/15/08 2:48pm
Msg #243563
Calif Closing
I have a ?'s for CA notaries. I have a borrower/reverse mortgage who D/L exp 1996 and they just applied for ID Card.
1. how long does that process take before new card arrives in mail?
2. Does DMV issue temp w/a picture?
3. If picture ID is not an option, what a the witness requirements for State of CA?
thanks for your answers
gina
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Reply by docs1954CA on 4/15/08 3:12pm
Msg #243568
Answers...
1. The new ID could take 7-10 days to arrive.
2. No
3. 2 credible witnesses may be used.
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Reply by Ocean Pacific Notary Services, Inc. on 4/15/08 3:16pm
Msg #243569
Re: Answers...
Thanks - I thought so, but it has been 5 years since I was a CA notary and I did not want to give wrong information.
gina
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Reply by Terri_CA on 4/15/08 5:21pm
Msg #243587
Re: Answers...
Yes you can use CW's in this instance. The oath is taken by the CW's. If the CW's take the oath, the CA notary take's it at face value. We are not to "read into" it and make our own judgment as to whether it really is impossible or difficult etc. etc.. It's up to the CW's to take the oath, their choice NOT THE NOTARY'S.
Terri
Lancaster, CA
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Reply by Philip Johnson on 4/15/08 5:58pm
Msg #243588
I guess you can get Grandma to hold her tongue,
while two of her friends swear to something she knows is a lie. I would also assume she'd have to lie to the notary as well, when the notary asks for her ID (finds out there isn't one) and then tries to figure out a way to get this done. Or wait a week, get her ID and follow the law and the spirit of it too.
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Reply by Terri_CA on 4/16/08 6:23pm
Msg #243738
Re: I guess you can get Grandma to hold her tongue,
I never said get the CW's to lie under oath. Where in my post does it say that? Paul Bresnan, head of the CA notary division told me personally, as I made the call regarding the use of CW's, that CW's can be used, and the Notary has no responsibility, nor should they even try, to determine what is impossible or difficult for the signer to do or obtain. That's the oath of the CW's and is not in the list of the Notary's duties. Notary's duty is to obtain the oath of the CWs
Of course, the signer must sign the name that is theirs, I'm just saying that if the signer hasn't got the ID in the mail yet, they can use CW's, for their name, which is what they are signing.
Terri
Lancaster, CA
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Reply by Linda_H/FL on 4/15/08 3:40pm
Msg #243575
Gonna throw my .02 in here...
Are you sure you can use 2 CW's in this instance? Your handbook says one of the things they must swear to or affirm is "The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identifi cation;" Since she's applied for a new ID they really can't say that...it's just on the way..
Just my curious .02..
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Reply by docs1954CA on 4/15/08 3:46pm
Msg #243577
Re: Gonna throw my .02 in here...
I see your point. Without more details from the poster, it sounds like the ID wouldn't be available in time for the closing, thus unobtainable.
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Reply by Linda_H/FL on 4/15/08 3:49pm
Msg #243578
Not available, but not difficult or impossible to get.. n/m
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Reply by LKT/CA on 4/15/08 6:09pm
Msg #243589
Does the borrower have a current passport?
Does the lender/TC approve of ID'ing the borrower at the signing using credible witnesses?
The LO should have advised borrower to get current ID for closing.
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Reply by Ocean Pacific Notary Services, Inc. on 4/15/08 8:09pm
Msg #243595
Since this is a reverse mortgage - borrower is elderly, no longer drives and has let her licencse exp -1996......she was advised to get a CA DMV ID card. I would tell the notary to use expired license with temp ID Card as proof that new one is on the way. That makes sense to me, but do not want to step on CA notary law for identification of borrower.
I think credible witness is not in the realm of possibility since CW has to know both the notary and the borrower. Not always an option in the big city. Now in our little town, it is possible, everybody knows everybody.
Lender and title are fine with either option - thanks for all the replies.
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Reply by Donna LaBelle on 4/15/08 8:17pm
Msg #243596
but 2 credible witnesses would work as long as they both knew the borrower and both had valid id.
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Reply by janCA on 4/15/08 8:25pm
Msg #243598
No
Two credible witnesses do not have to know the notary. They have to have current valid ID, take an oath and sign the journal. And temporary ID will not do, according to CA law.
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Reply by docs1954CA on 4/15/08 8:46pm
Msg #243600
Re: No
The Notary can personally know one of the witnesses.Neither can be named in any of the docs.An expired license is no good unless issued within the last 5 years, and a temporary won't extend that.
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Reply by linda/ca on 4/15/08 9:24pm
Msg #243603
Re: Yes...........Labelle is correct.....come on you Guys...
This is easy reading........no Grey Matter here:
"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(b)" Notice it says: "whom the notary does not know."
Think about it; why would you bother with (2) credible witnesses instead of just one? One is hard enough to find. The reason you would use (2) is because the (1) is not known by the notary.
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Reply by janCA on 4/15/08 10:09pm
Msg #243607
Re: Yes...........Labelle is correct.....come on you Guys...
My post was directed to Ocean Pacific's last post. That's why the "NO" was stated.
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Reply by linda/ca on 4/16/08 1:19am
Msg #243612
Re: Jan.....gotcha'.....thanks for the clarification n/m
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