Posted by Ltina on 1/27/10 3:21pm
Msg #319815
creditable witness
I have a client, were the wife has to sign a quit claim deed. Wife does not have an ID. Can I use two creditable witness and is it okay if the witnesses are related to the client? am I supposed to use a diferent type of acknowledgement?
Please help.
Thank you,
Christina
|
Reply by Marian_in_CA on 1/27/10 3:47pm
Msg #319819
This is all in the handbook...
It's "Credible" witness, by the way.
If your signer proper identification, you may be able to use two credible witnesses who will appear with the signer and are willing to swear, under oath, to his/her identity.
These two individuals MUST have a valid ID as acceptable by the state. These two individuals must know the signer and be disinterested parties. In other words, they cannot have any financial interest in the document being. They definitely cannot be anybody named in the document.
Often, this means you should avoid family members as witnesses. Good witnesses are usually friends, neighbors or coworkers. However, they should know the signer well enough that they are comfortable swearing under oath that:
1. The individual signing the document is the individual named in the document.
2. They know the signer personally.
3. The signer does not have any form of acceptable identification.
4. It would be difficult or impossible for the signer to obtain proper identification.
5. They have no financial interest nor are they named in the document being signed.
Before someone acts as a credible witness they need to know two things:
1. They will be put under oath subject to penalty of perjury.
2. If they lie and the witness has financial interest in the document and they are convicted of perjury, they will forfeit their right to that interest. (California Civil Code 1185)
You treat witnesses just as you would a form of ID... except that these witnesses also sign the journal. They do not sign the document.
See page 9 of the current (2009) handbook for this.
|
