Posted by yoshaCA on 8/20/11 4:16am
Msg #394335

Proof of Execution by Sub. Witness

California notaries, I am curious what was the currcumstance for you to use this. As it is not to be used just so that somebody does not have to appear. Also, it would not be too easy with the required credible witness that knows both of you. Anyway, interested to hear cases where it was used. I have never ran across one.

Reply by Notarysigner on 8/20/11 4:49am
Msg #394336

To save space, see pages 13 and 14 and then 43 of the Calif Notary handbook 2011.

Patient in hospital giving POA, Caseworker (subscribing witness) you know from dept of social services, Manager of Senior citizens housing complex or an attorney (creditable witness) you may know who is handling the case. One example.

Reply by SheilaSJCA on 8/20/11 11:15am
Msg #394356

I do not think someone you may know from occasional or regular interactions as a notary qualify as personally known. I consider "personally known" people, as the ones you would recognize anywhere, you know them and their families, you socialize with them, you know their birthday without having to look at their ID. You consider them a friend. You have a history together on a personal level.
If you "know" someone, it does not mean you just recognize them, because they have called you into their office to notarize umpteen times.

Here is an example I would use. Your best friends mom is in hospital 2 hours away and has already signed the document in front of your best friend(suscribing witness), your best friend brings the document to you , and follows the steps in detailing how the document was executed, blah, blah, like in the handbook.

Reply by Linda_H/FL on 8/20/11 11:23am
Msg #394358

But the best friend must be identified through a

credible witness..and I think this is the sticking point...page 12-13

"The notary public must establish the identity of the subscribing witness by the oath of
a credible witness whom the notary personally knows and who personally knows the
subscribing witness"

http://www.sos.ca.gov/business/notary/forms/notary-handbook-2011.pdf

Reply by Notarysigner on 8/20/11 11:55am
Msg #394361

Re: But the best friend must be identified through a

Yes IT IS. If you can answer how many years and the circumstances surrounding knowing the person then you quailfy as personally Known.

I have been here in my neighborhood for 28 years and I don't know any of my neighbors birthdays. Haven't been in anyone's home or to the movies with them or socialized with them in general. I do know who they are, personally.

I just added an Attorney I have worked for to my acceptable creditable list. I've worked for/with her for three years. She recently got married to Jeff and for vacation this year her and her husband climbed Mt. Whitney. She has the same birthday as I do and always wears a black pantsuit with a bow-tie. She is attractive, smart and hates people accused of elder abuse. I know more about her then my neighbors.

Reply by JanetK_CA on 8/20/11 2:05pm
Msg #394368

It's my opinion that this type of thing is more likely to be used by notaries in a corporate environment. I started out as a notary in an office setting and I've used a subscribing witness exactly once. In that situation, my boss (the CEO) was traveling. One of the people on that trip with him came back before he did, along with the document that related to the deal they were working on during that trip. We all knew each other because we worked together daily - and there was no shortage of potential credible witnesses.

I think this type of scenario is possibly very common but highly unlikely to be used by a mobile notary.

Reply by Notarysigner on 8/20/11 2:13pm
Msg #394369

Using this ( above) senario I have only done this once in my five years as a notary.

Reply by yoshaCA on 8/20/11 8:02pm
Msg #394388

Thanks so much for the great comments!