Joan,
Please correct me if I'm wrong, but even in CA, if a person has a form of ID, although in a different name, two credible witnesses cannot be used.
From the 2006 CA Notary Manual:
C. Oaths of Two Credible Witnesses – The identity of the signer can be established by the oaths of two credible witnesses whom the notary public does not personally know (Civil Code section 1185(c)(2)). However, in such a case, the notary public must first establish the identities of the two credible witnesses by the presentation of paper identification documents as set forth above. **Under oath, the credible witnesses must then swear or affirm under penalty of perjury to each of the things sworn to or affirmed by a single credible witness, as set forth above.** (Civil Code sections 1185(c)(2) and 1185(c)(1)(A)-(E)).
NOTE: The credible witnesses must sign the notary public’s journal and the notary public must indicate in his or her journal the type of identifying documents, the identifying numbers of the documents and the dates of issuance or expiration of the documents presented by the witnesses to establish their identities (Government Code section 8206(a)(2)(E)).
** The "as set forth above" states:
B. Oath of a Single Credible Witness – The identity of the signer can be established by the oath of a single credible witness whom the notary public personally knows (Civil Code section 1185(c)(1)). Under oath, the credible witness must swear or affirm under penalty of perjury that each of the following is true (Civil Code section 1185(c)(1)(A)-(E)):
1. The individual appearing before the notary as the signer of the document is the person named in the document;
2. The credible witness personally knows the signer;
3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;
4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity;
5. The credible witness does not have a financial interest and is not named in the document signed.
This is almost the same wording as it is in Florida. And, as a notary public giving the oath to the witnesses, and you know that the person named in the document has a current license (item #4), wouldn't that be tantamount to fraud? |
