Posted by Matham on 5/9/11 2:55pm
Msg #382641

signing by mark

Is there a special form for signing by mark in California or do I write in the info for the subscribing witnesses?

Reply by Linda_H/FL on 5/9/11 2:58pm
Msg #382642

Page 14-15 of your manual

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

Reply by MW/VA on 5/9/11 3:33pm
Msg #382645

No disrespect for you Linda, but don't you think Matham should have gone to the notary handbook for his own answer? Part of this biz requires one to know their state notary laws, and to know where to look if they don't.

Reply by Linda_H/FL on 5/9/11 3:38pm
Msg #382648

That's why I only gave him the link .... n/m

Reply by Notarysigner on 5/9/11 3:43pm
Msg #382653

I was going to do the same thing Linda but I didn't want to get blasted (sad).

We need to know how to find the answer ourselves otherwise someone will give us bogus advice or advice that is for "their" state and not necessarily the right advice for their state. IMO

Reply by GOLDGIRL/CA on 5/9/11 3:40pm
Msg #382651

Hi, Matham - Do you actually have a signature by mark signing? Or is this another general question for your own info? In any case, subscribing witnesses have nothing to do with sig by mark. For a person signing by mark, two witnesses (who you are not required to ID) will witness the mark and do a whole bunch of other stuff that you need to brush up on by referring to the SOS handbook. Incidentally, if you identify the signer with the two witnesses (which is often the case), they they also become credible identifying witnesses and then you would ID them according to code.

As for a "special form," I know not what you refer to ... there is no special form

Reply by Notarysigner on 5/9/11 3:45pm
Msg #382656

Goldgirl, I read you...you are so right on.

Reply by aries/CA on 5/9/11 5:27pm
Msg #382673

There are no forms to be filled out. One of the witnesses need to sign the Borrower or Co-Borrower's name next to their Mark.

Reply by GWest on 5/9/11 7:16pm
Msg #382685

More to it than the handbook states

If this is for a loan signing, please contact the title company. I have completed about 3 of these in 30 years, but everytime special verbiage was required to be typed on the documents signed, which I believe is required for documents to be recorded. Sample:
"___________(name of signer), being unable to write, made his/her mark in our presence and requested the first of the undersigned to write her/her name, which he/she did, and we now subscribed our names as witnesses thereto", then the first witness write the signer name and they both sign as witnesses.
The last one I did, even though it was not required, the title company wanted the witnesses ID and I was required to notarize their signature separately.

Reply by Patricia/VT on 5/10/11 8:59am
Msg #382714

Re: More to it than the handbook states

Good advice. I have only done two of these, and it was more than a decade ago, in California. In both cases similar verbiage was required by the TC. I read the section in the CA handbook, called the TC, and followed instructions. In both cases, the borrowers were unable to speak, but could indicate yes or no in answer to questions I asked to make sure they understood what they were signing.