I’m a new signing agent, although I’ve been a notary for a while. I had a signing assignment earlier, and found out that the co-borrower’s driver’s license was expired since 2013. Husband said his wife’s wallet was stolen when she was in the grocery store. She can’t get it replaced because she just had a baby and with the pandemic, and her passport was also expired, and she doesn’t want to leave the house. I called the signing company and he advised me to just get a witness. Ok, to be honest…how would I do this. Please help! Thank you!
The answer is state-specific, so, as you’ve been a notary for a while, what are your state’s laws regarding using a witness in lieu of ID? That’s the authority; not SS or LO or what somebody in probably-not-your-state says in answer to your question–like me–who doesn’t even know what state you’re in.
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Before we can answer that or help you we need to know - what state are you in? Refer to your notary handbook/state law on how to handle this situation.
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Thank you for your response! I am commissioned here in CA. I called the Notary hotline and they are a great help. I was told that I don’t have a separate certificate for a witness, but just to get a copy of their ID and have the witness sign the journal and I have them place a thumb mark. Just love this forum, everyone is helping others. Thank you!
I hate to tell you this but that info is not correct.
Refer to your notary handbook for California - the section regarding identification of the signer. There is info there about using “Credible Witnesses” - and that hotline was dead wrong. Jeez Louise…
http://notary.cdn.sos.ca.gov/forms/notary-handbook-2020.pdf - Pages 8-9
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(b)(1)) The notary public must establish the identity of the credible witness by
the presentation of paper identification documents as set forth above. Under oath, the credible witness must swear or affirm that each of the following is true (Civil Code section 1185(b)(1) (A)(i)-(v)):
- The individual appearing before the notary public as the signer of the document is the
person named in the document; - The credible witness personally knows the signer;
- 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;
- The signer does not possess any of the identifcation documents authorized by law to
establish the signer’s identity; and
• Date, time and type of each official act (e.g., acknowledgment, jurat).
• Character of every instrument sworn to, affirmed, acknowledged or proved before the
notary public (e.g., deed of trust).
• The signature of each person whose signature is being notarized.
• A statement that the identity of a person making an acknowledgment or taking an oath
or affirmation was based on “satisfactory evidence” pursuant to Civil Code section 1185.
If satisfactory evidence was based on: - Paper identification, the journal shall contain the type of identifying document, the
governmental agency issuing the document, the serial or identifying number of the document,
and the date of issue or expiration of the document; - A single credible witness personally known to the notary public, the journal shall contain
the signature of the credible witness or the type of identifying document, the governmental
agency issuing the document, the serial or identifying number of the document, and the date
of issue or expiration of the document establishing the identity of the credible witness; or - Two credible witnesses whose identities are proven upon the presentation of satisfactory
evidence, the journal shall contain the signatures of the credible witnesses and the type of
identifying document, the governmental agency issuing the document, the serial or identifying
number of the document, and the date of issue or expiration of the document establishing the
identity of the credible witnesses.
• The fee charged for the notarial service.
• If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document
affecting real property or a power of attorney document, the notary public shall require the
party signing the document to place his or her right thumbprint in the journal. If the right
thumbprint is not available, then the notary public shall have the party use his or her left
thumb, or any available fnger and shall so indicate in the journal. If the party signing the
document is physically unable to provide a thumb or fngerprint, the notary public shall
so indicate in the journal and shall also provide an explanation of that physical condition. - The credible witness does not have a fnancial interest and is not named in the document signed.
Note: The single credible witness must sign the notary public’s journal or the notary public
must indicate in his or her journal the type of identifying document, the governmental agency
issuing the document, the identifying number of the document, and the date of issuance or
expiration of the document presented by the witness to establish the identity of the witness.
(Government Code section 8206(a)(2)(D))
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(b)(2)) The notary public first must establish the identities of the two credible witnesses by the presentation of paper identification documents as listed above. Under oath, the credible witnesses must 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(b)(2) and 1185(b)(1)(A)(i)-(v))
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))