I understand when people are taking care of elderly relatives that sometimes they
don’t get a chance to renew the ID, but please remember: I am an uninterested third party vendor, I represent the state, legal documents are being signed there fore: Current ID is mandatory for the signing to take place.
It’s not personal. rant over.
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In Texas if no valid ID is obtained we have to have two credible witnesses. On my FB page, I put:
Good morning. If you know of an elderly person where their Drivers License is expired, you can help that person get a state issued identification.
Let me tell you how important that is!
If they need something NOTARIZED us notaries can not accept expired identification. We would have to get two credible witnesses that knows that person if they do have an unexpired identification. And getting those two credible witnesses is sometimes hard to get.
So please see that your relatives or if you are a caregiver help them obtain that.
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ID requirements vary from state to state. In Vermont I can accept government-issued ID that is up to 3 years expired. Or, I can accept one credible witness.
And of course notaries in all states except California can notarize for people they are well acquainted with and need not ask for ID for these people. I did that for oaths for about 20 people at a recent town board meeting; I knew everyone there.
If it’s a package of real estate documents, the title company or lender might have stricter requirements.
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Wow Vermont is very forgiving!! 3 years expired?!?!
Michigan is pretty strict: government ID , not expired, picture and signature must be included.
But, like Texas if you know the person already, you’re all set
The credible witnesses need to know the signer, not the notary. That is if the notary doesn’t know them.
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Unexpired? I believe you meant “expired ID”??
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Oops! Yes meant expired!
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I am in Phoenix, AZ land of the retired. I run into this issue all the time. Fortunately, each time I have encountered this situation one or more of the family members are there so I am able to perform the notarization under a credible witness provision, however, I do advise the signer to obtain a valid form of identification.
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In Illinois, credible witness must be known by the notary
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In Florida an expired government issued identification can still be used, as long as that identification was issued within the past 5 years (Fla Statute section 117.05) or two credible witnesses can give sworn statements that is known to the signer. One credible witness known to the Notary Public can give a sworn statement too.
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That’s why I said in Texas
Wish Texas was a little more laxed.
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Only if it is difficult if not impossible for the signer to obtain current, valid ID (e.g. in a nursing home, bedridden at home, etc) - they will be signing a sworn statement that they verify that fact. (In Florida)
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Thank you for your insight on this matter. I had a loan signing situation where the signer had an expired FL driver’s. I was able to proceed with the notarization of the loan documents due to the following Florida statute:
I am not an attorney, so I will not be able to discuss the legalees on this subject. But my duty was and still is to verify a person’s identity. In that particular signing assignment, I used the signer’s expired identification and also asked for other sources to make there was nothing fraudulent occuring.
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Most people aren’t even aware that it’s a State Law here in CA that ‘everyone and anyone’ residing in this State over the age of 18 must possess a valid Government Issued ID or Drivers license…I don’t understand how people would think an ID is not important whether it is for Notarization or not.
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All due respect, but unless the “other sources” were the accepted forms of ID as listed in our statutes then you shouldn’t have notarized in this manner. You can’t piecemeal info together to create what you believe is sufficient ID, no matter how convinced you are.
LindaH-FL, it’s okay if we agree to disagree on this matter. Prior to completing the notarization, I verified everything with the Florida Department of Notary Public office, NNA’s hotline, and researched the Florida Governor’s Reference Manual For Notaries Publics the document that listed the notarial statutures. I didn’t as you put it, " piecemeal info together to create what you believe is sufficient ID". So, I crossed my “Ts” and "doted my “I” before proceeding with the transaction. In addition, since we were at the signer’s place of employment, I requested two of her colleagues to act as credible witnesses. In essence, I went beyond relying on an expired driver’s license, my actions was somewhat an overkill, but it best to go that extra step, then to be sorry later. That was the main reason I choose to provide a screenshot of the fla. statute section 117.05(5)(b)(2). Again, I am not an attorney, but it is very clear that the statute allows the usage of a Florida driver’s license that been issued within the past 5 years and bears a serial or other identifying number as a form of identification. I take performing my duties very seriously. I do appreciate your contribution to this discussion, that allows us to learn and share knowledge.
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Thank you, Carl, for that respectful reply. You did not mention in your post that you used CWs, and chances of an expired ID being issued within the last 5 years are slim to null here. However, just some friendly advice to you? Do not rely on the NNA hotline nor their reference manual - that manual is fraught with erroneous information (proven over and over here and on many other forums, including my own personal experience - I threw mine in the garbage); nor do I have faith that their hotline is reliable…again, from info garnered from others. I’ve never used the hotline.
Again, respect to you Carl.
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“Most people aren’t even aware that it’s a State Law here in CA that ‘everyone and anyone’ residing in this State over the age of 18 must possess a valid Government Issued ID or Drivers license”
- You’re referring to people who want notarizations, right?
- Dosen’t CA allow expired ID if it was issued within the last 5 years?
- Isn’t the ID requirement the same no matter where the person resides: A person visiting CA would have to meet the same requirements as a resident.
- Aren’t the ID requirements the same, no matter the age of the signer?
“I don’t understand how people would think an ID is not important whether it is for Notarization or not.”
- Sure, but sometimes that isn’t possible.
Also, doesn’t CA allow one credible witness known to the notary, or two credible witnesses, not known to the notary, as long as the witness(s) have ID and swear the signer would have a hard time obtaining ID?