Posted by Buddy Young on 4/30/13 6:58pm
Msg #467932

some GN work today

I did some general notary work for a real estate friend today: it was a short sale affidavit.
The little old lady's ID had expired 25 days ago and she told me that she had no way to get down there and get another one so we used credible witnesses. My real estate friend couldn't be a witness becaus she had a financial interest in the transaction.

I drew up a credible witness form some years ago with the 5 things they have to swear to, a place for them to sign, a place for them to print their names and a Jurat on the bottom.

After completion I stapled the credible witness form and the ack to the document ( it did call for an ack ) Then it dawned on me that the only form I had to staple to the doc was the ack, I didn't need to staple the credible witness form, I could keep it for my records.

What do you guys and gals do with a credible witness form?

Reply by Linda_H/FL on 4/30/13 7:12pm
Msg #467935

Not sure how CA handles the forms...if any are required

but in FL we keep the form in our journal or on record - that's our proof of how we ID'd them. It does not get attached to the document.

Reply by Teresa/FL on 4/30/13 7:24pm
Msg #467936

Re: Not sure how CA handles the forms...if any are required

I have the Credible Witnesses sign 2 affidavits, one for me to keep with my records, one to be sent back with the signed documents.

For GNW, I give the duplicate to the signers.

Reply by GOLDGIRL/CA on 4/30/13 7:36pm
Msg #467938

Need more info ...

Hi, Buddy ... there's no "CIW form" and certainly not one with a jurat that they sign. Unless the jurat was for the short sale aff, but you said it called for an ack....?

Seems the form you drew up is simply for your own use. No CIW signs anything except your journal.

I don't see a problem that you stapled the CIW form to the doc along with the ack uness you actually notarized their signatures. Then, I kinda do see a problem if you had them sign and you notarized a jurat which wasn't required or supplied by the receiving agency .... ?

Reply by Buddy Young on 4/30/13 8:20pm
Msg #467944

Re: Need more info ...

The form I drew up has to be for my own use.

Reply by janCA on 4/30/13 8:44pm
Msg #467948

I'm confused. There is no credible witness form. Buddy, why would you need to have a form for the CW's? You have their signatures in your journal.

Reply by JanetK_CA on 5/1/13 1:45am
Msg #467956

I have a form like that that I use primarily to show the CWs in writing what they're swearing to - and to try to add a certain level of seriousness to the process so that they aren't cavalier about it (which I've seen in the past). This, in fact, was the reason I created it to begin with. But no one but me gets a copy. Secondarily, I keep it with my journal, simply for my own documentation in case there are ever any issues. But sometimes, I don't even bother completing it, depending on the circumstances.

Like others said, there's nothing in CA notary law that even addresses that - which is one reason I won't give anyone a copy.