Can a Texas notary use their cell phone to take picture of client’s ID?
I don’t believe the Texas Secretary of State or Texas Notary law directly addresses this because a copy of the signers ID is not required to notarize a document, the notary simply has to view the identification and note in their journal what type of ID was used. However, different signing companies and title companies have different requirements - some are ok with you taking a picture of the clients ID, others are not. And even if the signing / title company are ok with it the signer may not be (and I don’t blame them, I wouldn’t want a copy of MY ID on a strangers phone).
IF the signer AND the signing / title company are ok with it then you CAN, however you need to be very careful how you handle that photo on your phone because it is now your responsibility. Just because you CAN do something doesn’t mean you SHOULD…
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Agree with Klewis - I would not want someone taking a picture of my ID; When I was doing signings I would let the signers know I needed a copy of their photo ID and whatever else was required by title/lender - let them get the copies made and provide to me to include in the return package. If they did not have it available I’d let title /hiring party know and would provide a fax number or email for them to get it to title prior to end of rescission (if applicable) - this way they are responsible for the copies of their photo ID (PII) and not me.
Early on I also carried a small HP color copier to my signings for just this purpose. No memory storage so no retention by me of the copies. Borrowers liked that idea and it came in handy on several occasions.
Personally, like I said, if it were me and someone wanted to take a pic of my photo ID with their phone, the answer would be an emphatic “NO”.