Posted by SOCAL/CA on 7/18/09 9:17am
Msg #296351

Request to witness documents change hands

I received a request from a client to witness husband and wife exchange some documents. This seem unusual to me. Any info will be appreciated. TIA

Reply by Philip Johnson on 7/18/09 10:03am
Msg #296358

A public place, cash up front, watch away.

I would guess those marriage vows didn't stick in this case.

Reply by BrendaTx on 7/18/09 10:20am
Msg #296359

Sounds good to me.

Stick with your notary rules...naturally, you cannot write a certified statement and then put your stamp on it but you can certainly watch the transaction and report back with that you saw something take place.

Reply by sue_pa on 7/19/09 7:41am
Msg #296473

Re: Sounds good to me.

...Stick with your notary rules...naturally, you cannot write a certified statement and then put your stamp on it ...

You could in PA if you were so inclined (I personally wouldn't be because divorcing couples who need a "witness" to watch them exchange documents are not people I'd care to be around). I could type up and notarize:

"I, Nancy Notary, certify that I witnessed Bob the Beater and Cindy the Cheater exchange 28 pages of blue backed documents with the title Divorce Settlement on 7/18/09 in the parking lot of Larry the Lawyer." I would sign and notarize.

Like I said, I personally would never get involved with people who are so distrusting so I would never do this.

Reply by LKT/CA on 7/18/09 12:47pm
Msg #296415

<<<I received a request from a client to witness husband and wife exchange some documents. This seem unusual to me.>>>

Client simply wants a neutral, disinterested third party, who would be a stranger to and unbiased towards either the man or lady to simply be a witness to an event. Then you may be asked to sign a statement saying you saw the exchange between the two parties. Nothing to notarize and no big deal. I've done such events before.

I agree with Phillip...get cash up front and meet at Starbucks, McDonalds, the library or other neutral place.

Reply by SOCAL/CA on 7/18/09 5:24pm
Msg #296447

Many thanks to all for you for your responses, especially Lisa (LKT/CA).

Reply by Philip Johnson on 7/18/09 6:10pm
Msg #296449

I forgot that here in WA we have a way to do this.

State of Washington

County of . . . . . . . .

I certify that the event or act described in this document has occurred or been performed.


Dated: . . . . . . . . . . . .
. . . . . . . . . . . .
(Signature)
(Seal or stamp)

. . . . . . . . . . . .
Title
My appointment
expires . . . . . . . . . . . .

[1988 c 69 § 4; 1985 c 156 § 10.]

Reply by rengel/CA on 7/18/09 11:35pm
Msg #296466

That is interesting, but

would never fly in California. It looks to me like you are notarizing your own statement which is a no-no in CA

My .02

Reply by JanetK_CA on 7/19/09 6:19pm
Msg #296506

If you decide to do that, I would be careful to specify that you wouldn't be able to do so in an official capacity as a Notary Public, since there is nothing in CA law that authorizes us to do so. An exception would be if they had a document that they were signing confirming that the exchange took place that you would then notarize.