Posted by HisHughness on 4/25/11 6:30pm
Msg #381236

Query

Borrower's DL expired in October. She has renewed on line. That requires that the state use the existing DL photo and signature exemplar. She has not yet received the new license, nor does she have a copy such as is issued at DPS stations when one renews there. She does have a receipt verifying renewal.

Texas law requires for ID: 1. Government issued ID with 2. Photo and 3. Signature.

Since neither the photo nor the signature will change, and the receipt will show both the issue and the expiration date of the new license, I'm going to go with the old DL and the new receipt for ID. Anybody ever done this, or does anybody have any other suggestions? She has no passport, and doesn't work for a state agency that would issue a photo ID.

I might add, as has been noted here in the past, Texas takes a laissez-faire attitude toward notarial functions. It is very much a minimalist culture, so much so that I don't think either the AG or the SOS would even blink at doing what I'm proposing. It actually seems to serve everybody's interests, including the state: The loan is for property taxes, so the government gets paid if I close, and doesn't -- at least right now -- if I don't.

Reply by FlaNotary2 on 4/25/11 6:34pm
Msg #381238

Wouldn't fly in Florida

In Florida, the ID must be either current (unexpired) or have been issued within the past five years. If it is expired by one day, and is more than five years old, it can't be used - and I don't care what receipts they have to prove they applied for renewal.

Reply by jba/fl on 4/26/11 3:25am
Msg #381275

Re: Wouldn't fly in Florida - why not?

If the police will accept the receipt from the state website, if the courts will accept the receipt from the state website, why wouldn't you?

To my way of thinking, this is the blue sticker that is to be sent in the mail. Of course, FL is very fast, so if you want to work that way, then make your client wait another day or two.

Reply by FlaNotary2 on 4/26/11 5:43am
Msg #381279

Blue sticker is a different story

The blue sticker is an extension on an existing license. Once it's attached it becomes part of the original license. Hughness referring to a written receipt - an online printout. Because licenses are issued same day in Florida, the only time I've come across something like that was with a paper temporary license (due to the original license having been taken away due to a criminal offense) which was printed on plain paper with no photo. That paper is not a driver license IMO and I would not accept it for notarization purposes. They may not even do that anymore here.

Reply by jba/fl on 4/26/11 8:16am
Msg #381286

I am referring to an online printed receipt,

that one obtains when one renews online. There is a few days between the printing of that receipt and the receiving of the blue sticker. The individual is (theoretically) presenting me with their expired license and that piece of paper prior to receiving the blue sticker.

The police and the courts will accept this; so will I. Or, I can make them return in a day or so when the blue sticker arrives. Again, fortunately, Florida is quick on delivery of the final product, whether DL or license plate (tag).

Reply by FlaNotary2 on 4/26/11 11:04am
Msg #381319

I disagree, the reason being that our statutes are

very specific on what constitutes acceptable ID. If the legislature intended for us to accept online printouts of D/L renewals, then it would be listed in the statutes.

JMHO.

Reply by jba/fl on 4/26/11 11:36am
Msg #381330

common sense is sometimes required. Period! n/m

Reply by FlaNotary2 on 4/26/11 12:12pm
Msg #381335

We will have to agree to disagree, but

I would strongly suggest you contact the governor's office about that.

And I truly do not mean to be condescending although I know that's how it may sound. I really mean this in the nicest possible way.

Reply by jba/fl on 4/26/11 12:58pm
Msg #381338

Re: We will have to agree to disagree, yes...

When you get right down to it, the chances of this occuring is very slim. Fl is so fast in returning the request. They say 7-10 days but I have never waited over 3, which is a very small window.

Reply by Les_CO on 4/25/11 7:04pm
Msg #381239

1/ is it her?
2/ Are you really waiting to complete/not complete the notarization based on the opinions of out-of -state notaries?....Or are you just bored?

Reply by GOLDGIRL/CA on 4/25/11 7:21pm
Msg #381241

Wouldn't fly in CA n/m

Reply by Marian_in_CA on 4/25/11 8:29pm
Msg #381251

It might or might not, actually...

An expired ID is acceptable in California *if* it was issued within the last 5 years. All of the additional items Hugh noted (about showing the renewal receipt) aren't necessary for us, however, I won't turn it down if somebody showed it to me. I just won't accept a paper document on it's own accord.

For example, last week a guy showed me his Texas DL, which had a hole punched in it by the CA DMV when he applied for a CA DL. He handed me both... and I wrote down both, but in reality, I only needed the Texas one, because the issue date on it was less than 4 years ago. It hadn't expired officially... but the hole punched it in essentially invalidated it for DL purposes.

If, of course, the expired ID were issued more than 5 years ago... no can do.

Reply by Marian_in_CA on 4/25/11 8:32pm
Msg #381252

Re: It might or might not, actually...

let me clarify that when I said he "handed me both" I meant he handed me his Texas ID w/ the hole punched, and the temporary paper one from the CA DMV. He has not, as yet, received his new CA one. Those are taking awhile to show up.

Reply by James Dawson on 4/26/11 9:46am
Msg #381303

Re: It might or might not, actually...

I did the same thing last week with a Wash. State DL and Temp Ca Lic receipt!

Reply by Moneyman/TX on 4/25/11 7:29pm
Msg #381244

DL expired in Oct... when did she renew online?

Mine only took a few weeks, if that long, to arrive when I renewed mine online (mine also expired in Oct. & renewed in Oct.)

Reply by Moneyman/TX on 4/25/11 7:56pm
Msg #381245

Forgot to add this thought...

I'm not sure, but I would not think that TXDPS would not allow someone to renew an expired license online or allow that type of renewal option after a short period (say 30 days or less). I tried to look it up online, but could not find the answer before I gave up.

It would just surprise me if someone could renew online after 6 months.

Reply by LKT/CA on 4/25/11 8:19pm
Msg #381248

<<<Texas law requires for ID: 1. Government issued ID with 2. Photo and 3. Signature.>>>

Since the law does not specify a *current* ID - just that it have a photo and signature, you can go with that...you don't even need the receipt for renewal......so long as you're comfortable that the customer in front of you is the person on the ID - then legally it's a go. MHO

Reply by BrendaTx on 4/25/11 9:37pm
Msg #381258

As I recall, the law does not specify "current" government id, or define current. I believe they meant current id, but they didn't say it, or define it.

The woman could have easily recently renewed, even if her DL was expired since October.

https://txapps.texas.gov/tolapp/txdl/faq.dl?locale=en_US#question1
"Your license or Identification Card expires within one year as of today's date and has not been expired for more than two years."

If I thought she was who she presented herself to be, as long as she had the ID you have described, I would not hesitate to proceed.

Reply by Moneyman/TX on 4/26/11 1:24am
Msg #381272

Thanks Brenda

I got stuck in the search page of the TXDPS site for DL and ID info. It did not seem to like the key words I used. Each search had one or two that even came close what I searched for however the links were generic and only repeated the overall requirements of renewal or the fees for such.

Short attention span tonight, so I had to give up after around 8 tries.

Thanks again.

Reply by Susan Fischer on 4/26/11 12:04am
Msg #381269

One of the things I appreciate about Oregon Notary Law is

that it's got a lot of common sense, and reliance on the judgement of the commissioned.

If I believe in my belly this person before me is Susie Signer? If I'm relying on the totality of the evidence before me, within the statutes, then I'm good to go. (I consider the hypothetical result of testimony: Refreshed with my actual Journal Entry noting the particulars, I can swear I did my due diligence to my satisfaction of Susie Signer's identity.)

As an aside, I'd love to see NR's Thumbprint box full - so many people would gladly comply. That would settle it if challenged, no?

Reply by HisHughness on 4/26/11 8:06am
Msg #381284

Thanks for you input, everyone

As noted in the original inquiry, I planned to use the receipt and the expired license. And, as Brenca pointed out, Texas statutes don't specify a "current" license. I think I probably would have made the same decision even if it did, though.