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Posted by Raj Sahu on 3/5/13 7:27pm Msg #459387
Did I do correctly? ( Two Credible witnesses used)
I am a CA notary. Couple of days back, I had gone to notarize the quitclaim deed of a senior. Unfortunately her DL had expired ( was issued six years ago and hence could not be used to identify her. I- the notary - was left with no choice but to use two credible witnesses( since she did not have any other picture ( govt / military ) ID. The neighbors were used as credible witnesses. I puth them under oath took down their DL info and placed it on the two columns made for CW in the journal. I then made them sign the NOTES ( optional) area of the journal, since there was no other place for them to sign. I then proceeded to notarize the QC deed and then the signer ( the senior) went on to sign the journal, enter her address and print her name and sign and then thumbprint it-- since it was a QC. Did I do correctly? Asking because was my first experience using two credible witnesses. what of there were two copies of QC she had to sign-- for often there is a copy also---- would I have been required to REPEAT another row with the sme info? As you can see from above only one row of the journal was used to record the act. The other question I want to ask is, since I am pretty much a visual person, where( for instance YouTube etc.) can I get to WATCH ( see) such notarial acts, and their entries being made into the notary journal. Will appreciate advice from the experts and experienced notaries here—even better if links are provided. Thank you very much in advance
| Reply by Marian_in_CA on 3/5/13 7:54pm Msg #459398
Each credible witness should have had their own line/entry in your journal. At least, that's how I do it. Since you issue an oath, it *is* a notarial act in and of itself. Therefore, each act requires it's own line entry.
The workbook really only says this, though (page 35):
"If the identity of the signer was established by the oaths of two credible witnesses, then both credible witnesses must sign the notary public’s journal. The notary public must record the name of each credible witness, the type of identification document presented by each witness, the governmental agency that issued each identification document, the serial or identifying number on each identification document, and the date each identification document was issued or expires."
HOWEVER... the workbook gives an example of another way to do this (similar to what you describe) on pages 39-43ish for variations on this. Personally, that's a lot of information to write in an individual journal entry... that's why I create separate entries for each witness, then put their names in the original line entry for the signer. It's a "cleaner" method for me and creates a nice reference, but I don't think there is is one specific method that we have to follow. Just make sure the information is there and that it's clear what you've done.
My question is...why did the signer print her name and address in your journal? I never have them do that. I record everything myself except where they sign and fingerprint. Also... the address is not required in our journals. Just FYI. A lot of notaries record it, but I don't anymore. I *do* however, record the location where the act took place. That's not required either, but it's something I do. The less people mess with my journal, the better. They sign and print... that's it.
| Reply by leeinla on 3/5/13 8:22pm Msg #459403
According to the Notary Handbook the state does not give us great examples of giving an oath to a credible witness. Is there better guidance regarding this?
| Reply by JanetK_CA on 3/6/13 2:43am Msg #459438
Sounds like I do it pretty much the same as you, Marian. I have each CW sign on a separate line and I enter the same ID info for each of them as I do for any other person whose signature I'm notarizing. (I do ask for an address - part of IDing them, imo, but I never ask them for a thumbprint.) Then for the principal, in the section where I normally would enter their ID info, I write a reference to the page and line # for each of the two CWs, and check off that that was the method used for ID.
As journals differ, so will the method. But the key is to be sure to include all the info requested in the section quoted by Marian above.
| Reply by jba/fl on 3/5/13 8:40pm Msg #459406
To find some YouTube videos, look for a couple people
This lady is a member here and contributes to our forum. You will find her with the Orange Search button as well. I find her too 'chatty' at but even that serves its purpose well in some cases. http://www.youtube.com/watch?v=ySUHcbqf244
Another is Daniel (?) Lewis out of KS I think I remember - someone please correct me!! - he has several YouTube videos - I think they are more professional. He also operates a SS. I have met him and worked for his SS - I do admire him.
You will also find outrageous "How to be a signing agent" vids - they are unedited 'slick, tricky Dick' full of laughter for those of us who know better, giving us a lively "let's pick this apart today" day.
Find some sales videos: learning how to take charge of situations, stearing your prospect through to the bottom line. Note voice command...taking control through choice of words and body language. Create your milieu. I don't know if Zig Ziegler has any videos, but I would check - after all, you will also be in sales selling yourself everywhere you go, but never selling the product (loan). You have to do a lot of that, so get some sales motivation for those slow periods, like just starting out.
My search keywords on YouTube: notary (brought up about 8 others) Signing Agent Training (many more)
| Reply by sealed/CA on 3/5/13 11:35pm Msg #459423
Raj, you did an excellent job! I also would use just the one line in my journal as you did. My journal is set up with the two places for credible witnesses on the same line. Before I started using this particular journal, I did use separate lines for the witnesses as Marian described. To answer your question... You would need to repeat all the same info if you had another journal entry. I also fill in all the signers info myself. For the address, I always use what is printed on the ID used, whether it is a current address or not. In your case, since her ID was human, I would just put the signing address. As Marian pointed out, we are not required to record an address. My reasoning for using the address on the ID is so that if ever needed, it could be proven that I did identify the person at that time with an ID bearing that address. I do record the signing address with my mileage record so it could be traced as well if ever needed.
| Reply by Raj Sahu on 3/5/13 11:51pm Msg #459425
Thank you very much for your insight. I really appreciate it ( and learn as I go )
| Reply by notarydi/CA on 3/6/13 12:39am Msg #459428
agree with what everyone else is saying. I'm finding, however, in lender's instructions and title/escrow instructions the following verbage....."we will not accept credible witnesses". Had an escrow officer tell me that title refuses to insure with credible winesses as there have been too many instances of fraud.....
| Reply by leeinla on 3/6/13 12:27pm Msg #459520
What is the right way to give an oath to a credible witness? n/m
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