Posted by docs1954CA on 4/1/08 6:59pm
Msg #241667

Calif.Notaries I.D.?

I have a closing scheduled for Wed and I've been told one of the borrowers has a DL that expired more then 5 years ago( 5yrs, 4 mos), but has obtained a new one which will be mailed.Of course it won't arrive in time for this, and 2 credible witness's won't be available.I don't see any mention of a DMV receipt for a new license extending a expired license. Anyone run into this before? TIA

Reply by aatatusko on 4/1/08 7:30pm
Msg #241682

Maybe they have a current passport?

Reply by docs1954CA on 4/1/08 7:55pm
Msg #241691

No, and the costco card or social sec won't do it either.....

Reply by Pat/CA on 4/1/08 8:10pm
Msg #241694

It must be one of the following documents only and if current or issued within 5 years (there are no exceptions):

ID card or DL issued by CA DMV
U.S. passport
Other consisting of the following (AND contains photo, description, signature & id#):
a) passport issued by foreign gov't and stamped by U.S. Immigration & Naturalization OR
U.S. Citizenship & Immigration Services.
b) DL from another state or Canada or Mexico authorized to issue such.
c) ID card from another state
d) U.S. military ID with photo, description, signature and ID# (some don't contain all the info)
e) Inmate ID card issued by CA Dept of Corrections, if inmate IS in custody.

Only other options is credible witness(es) of which you stated can't be done. Hope this clarifies, it's taken directly out of the CA 2008 Notary Public Handbook (that just came out!).

Reply by Pat/CA on 4/1/08 8:12pm
Msg #241695

Uh, guess you just wanted yes/no. so... no. Whoops-Sorry n/m

Reply by aatatusko on 4/1/08 8:43pm
Msg #241701

At this point it appears you only have one choice, tell the bo to go down to the local dmv and get a new license. I think, but I'm not sure, in VA if it expires you have to re take the test, they will not mail it to you, in fact I don't think they will mail you one that is going to expire you have to go down, present yourself and take an eye exam. I'm sure you are letting all parties involved know what is going on. I have a gut feeling this is bigger than an id issue.

Reply by ananotary on 4/1/08 10:16pm
Msg #241716

Check the issue date. For notary purposes the id CAN

be expired as long as it has been ISSUED within the last five years. The lender may not accept expired id anyway.

Reply by JanetK_CA on 4/1/08 11:52pm
Msg #241722

Unfortunately, Yes and No...

Yes, sadly, I've run into it before a long time ago. I double checked with the SOS and actually got an answer that time. They said, NO, the extension paper is not acceptable. The reason is that it is, in itself, a separate document that does not include all the required elements. And the DL itself (unless, as someone else said, it's been issued within 5 years -- which is unlikely since few people renew so far in advance) is no longer valid. The extension allows them to continue to drive but does not legally meet the requirements for identification once it is expired.

I don't envy you that position. Sounds like their goose is cooked. It's one of the reasons that when I make my confirmation calls anymore, I always ask about ID, including whether or not it is current/unexpired.

BTW, you are getting this second hand, so please don't consider this legal advice. Best to check it out for yourself -- but hope this is helpful...

Reply by docs1954CA on 4/2/08 10:49am
Msg #241756

Thanks to all the responded on this...

Some helpful advice.The law in Calif doesn't have any leeway when the ID is expired.Issued within the last 5 years.In this case it's been 5+ years.I've been told title will use another Notary to get this done........

Reply by Pat/CA on 4/2/08 11:46am
Msg #241763

Well good for title co.-maybe they can afford the penalties!

And unlimited liability! Not to mention our responsibilites and integrity!

Reply by LKT/CA on 4/2/08 12:07pm
Msg #241775

Re: Thanks to all the responded on this...

<<<I've been told title will use another Notary to get this done........>>>

And TC's say it as if they should be congratulated and given a metal of valor for finding a crooked Notary more than happy to break the law, risk penalitie$ and jail time.....all for $50. Those who want a fast buck are the $50 Notaries.

Reply by LKT/CA on 4/2/08 12:25pm
Msg #241781

Re: Unfortunately, Yes and No...

In addition to my CA DL, I have an ID card. There is a 2 year window between expirations so if I were kidnapped by aliens and couldn't get back to earth in time to renew, I still have valid ID for 2 years, barring that the aliens don't keep me past 2 years! But if they returned me to earth in 1 year, I still have valid ID (lol) Who knows......the aliens may require ID in space!

I would suggest getting one when the expiration dates will be staggered. Don't get one when renewing your driver's license because they'll expire around the same time. Get one while you're 2 or 3 years into the license so that it will expire 2 or 3 years after that.

Just a friendly suggestion.