I think you hit the nail on the head. It's the CWs who have to state under oath that the criteria are met. However, I do think the notary has some discretion as to whether or not to bring it up as an option. It's a judgment call on our part, but I also tend to use the thought process spelled out in your other post below.
As we all know, though, the lender also has to approve the use of CWs before we can proceed with the signing. I vaguely recall once being instructed to complete the Patriot Act form by writing in the comments section that the person was identified via use of two Credible Witnesses. Different lenders may have different views on this, however, so I'd always check and follow their guidelines. (I believe I've also run into at least one situation where the lender requested the signing be cancelled until the borrower had proper photo ID.) |