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Q&A for notary witness questions
Many people come to our blog to learn more about witness rules and credible witness requirements in various states. We can not speak for all 50 states, but we will try to provide some good leads that can help you get your questions answered.
This blog entry will serve as a quick Q&A for some of the more common nationwide and state-specific notary witness questions.
How many credible witnesses are necessary?
Roughly 90% of states allow credible witnesses. Please read: http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047. This forum post to learn the credible witness requirements for your state. In California and Florida, if the notary knows the witness, then only one is necessary. However if the notary does not know the credible identifying witness, then two would be necessary. In either case, the credible witness must provide identification, and swear under oath to the identify of the signer. In many cases, the credible identifying witness only knows the signer by some informal name and knows them as a neighbor or co-worker on a very informal basis.
Can a notary act as a witness? Can a notary be a witness?
Unless your state law indicates otherwise, then yes, a notary can act as a witness. Please keep in mind that certain notary acts require the notary to witness the signature of the signer (jurats), while other notary acts do not (such as acknowledgements). A notary can act as a witness for a signature that they notarized, or for a signature that they did not notarize. It is an official notary act to be a witness in Delaware and Washington State as well. It is common for people to ask a notary to witness signatures, since notaries are trusted state officials who would be a good impartial and responsible witness.
How to notarize a document when you have credible witnesses?
The credible witness(es) must sign the notary journal (rules vary state by state), and must produce identification as well. The credible identifying witnesses must swear under oath as to the identity of the document signer.The credible witnesses do not actually sign any documents, they just sign the journal and help to identify the signers.
Can a notary notarize with no ID and 2 credible witnesses?
Yes, if the notarization takes place in California, Missouri, Florida, Georgia, or Tennessee.
Nevada credible witnesses – is there a special form?
Nevada requires a special acknowledgment form for credible witnesses.
Can a notary be a witness to a Will? Can a notary witness a Will?
Yes, a notary can be a witness to a will. Some states allow witnessing as an official notary act as well. If it is not an official act, then the notary can charge any fee they like to serve as a witness. Please keep in mind that notaries are discouraged from notarizing signatures on Wills without written instructions from an attorney.
Can a notary sign as a witness in Maryland? Can a notary be a witness in Maryland?
A notary can sign as a witness in Maryland, but it is not an official notary act in that state.
Can a notary sign as a witness in Utah? Can a notary be a witness in Utah?
Yes, a notary can be a witness in Utah.
Can a notary be a witness in Texas?
Yes, a notary can be a witness in Texas.
Can a notary be a witness in New Jersey?
Yes, a notary can be a witness in New Jersey.
Can a notary be a witness in Pennsylvania?
Yes, a notary can be a witness in Pennsylvania, although it is not an official notary act.
What are credible witness statutes?
Credible witness statutes and rules vary from state to state. We have a forum post that covers many states rules about how many credible witnesses you need.
Doesn’t a notary have to witness you signing in person?
This depends on the type of notary act. For Jurats — yes… for Acknowledgments — no. In either case, the signer must sign the notary journal or notary record book if that is required in your state.
If you live on the border of 2 states, are you permitted to witness signings in both states?
Since witnessing is not an official notary act except in Delaware and in New Hampshire (as far as we know), a notary can be a witness anywhere, in any state or country.
Can a notary charge for a witness signature? Can a notary charge to be a witness?
Since this activity is not an official notary act except in Delaware, the notary can charge whatever the client will agree to pay. No state government regulates how much a witness can charge.
Can I be a notary and a witness?
Sure!
What is a notary credible witness acknowledgment?
To the best of our knowledge, only Nevada requires a special acknolwedgment for credible witnesses. However, credible witnesses may be used in most states to identify a signer for an acknolwedged signature.
What is a subscribing witness?
A subscribing witness could be someone who witnesses a principal sign in a proof of execution — OR, it could be a person who witnesses an elderly person do a signature by X signing.
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Can a notary witness a will or notarize one?
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Notary is pushed off stairs by borrower!
Well, I thought I had heard it all. I hear a lot of wonderful, interesting tales here at 123 from our members. Some are entertaining and funny while others are very sad and depressing. This, unfortunately is one of these stories and unfortunately it is the worst to date. It is nothing short of horrendous and shameful. Although I have her permission to tell her story, I promised her I would not reveal her or the area she lives in. So, here we go…
This particular notary public who is female took a signing from a signing company, she confirmed her appointment, prepared her docs and met her borrower at the the specified time. As she went through the documents, he saw that his interest rate was 1/2 percent more than he had been told. He then became enraged. He requested (using vulgarity) that she leave his home immediately. She packed up her things up and prepared to leave the premises. As she proceeded to the door the borrower followed, continuing to rant and rave using foul language incessantly. He was VERY angry with this 1/2 of a percent increase that nobody had bothered to inform him of (sadly, a story we all are familiar with and have heard many times) and, to top it to make matters even worse off, the loan officer had not been in contact with him and had been unreachable for several days.
So, as she walked out of the door onto his front porch. There were 4 steps to go down to the walkway that would lead to her car… But, before she could take that first step — with the force of both of his hands on her shoulders he pushed her down and off the porch. She went flying off the porch, and by the grace of God she somehow pivoted her body onto the grass instead of his cemented walkway that was directly in front of her but unfortunately in trying to break her fall she broke her left wrist. In disbelief and shock she just laid there. The borrower went back into the house and shut and locked his door. However, fortunately for her, the borrower’s neighbor who was mowing his lawn at the time witnessed the whole thing. He called out to his wife to call the police and the paramedics and he came to her aid and sat with her until they arrived. (A knight in shining armor). The paramedics attended to her and after the police got the story from both the notary and the neighbor one of the officers went to the door of the borrower , rang the bell and the borrower did not answer. At that point the officer yelled out to him to open the door or else. He did eventually open the door, and then was immediately handcuffed and placed under arrest and was put in the back of the police car.
Now folks get this — as the paramedics worked on our notary public to prepare her for the trip to the hospital and the police filled out their report the borrower (hand cuffed in the back seat of the police car) was still ranting and raving non stop with vulgarities that they (the police and paramedics) needed to get this you know what off his grass and property. One of the police officers obviously fed up with this behavior as well as the noise went over to the borrower and told him that he needed to shut up and slammed the car door. He then asked the neighbor if this behavior was characteristic of this man. The neighbor and the wife just looked at each other and nodded yes… I just cant believe this man and his behavior, I am still in awe of all of it.
The paramedics said that if she had fallen onto the concrete instead of the grass she would have broken both wrists and god knows what else in the process. All things considered she was lucky-it could have been way worse.
She ended up staying in the hospital of 4-5 days instead of the day and half she was originally told due to an infection she developed in her wrist.
Now it is 1 month later and she is finally back to work. She is healing well I asked her how she felt about her career now (she is a full time signing agent) and if she felt like giving it up…and she said no way. She says she loves her job and knew this was just something that happened. Kudos to her! She and DA have filed charges and he has 3 counts against him and there will be a civil suit as well. I hope he gets ALL that is coming to him….I say throw the book at him.
Now, of course the signing service that gave her the assignment wants to know why the loan wasn’t closed. Well get this; When she called in to tell them what had happened from the hospital — the person on the other end of the line laughed and said “you could have come up with a better excuse than that”. So, in order to clear her name she had to send in the police report, hospital records etc….( and yes she did manage to call the day of the signing)
So, all of this leaves me with a few thoughts. I really feel that this could have been avoided if the loan officer had done his job. This is so often the case where the loan officer knows exactly what the numbers are way ahead of time but avoids sharing this information with the borrowers and we go out at the final hour when they know these borrowers are desperate and for the most part are stuck and cant turn back now, and they regrettably just sign. And we get stuck in middle — and in this case — pushed down a flight of stairs. Now some of you will disagree and put up a fuss but this is why when I call and confirm with the borrowers I ask them has the loan officer been in touch and have they gone over the figures with them. If the answer is yes then I ask them what are the numbers supposed to be. This way if the number con-inside with what I see, we are good. If not, I can alert the hiring party that we have a problem before I waste the borrowers time or MINE. I can avoid problems at the table-situations like the one I just described to you here. (aLthough it is rare and the first time I have heard such of a thing happing it is now a reality that it is possible). This technique does not always work but it is sure worth a try. And it might save you some trouble. I have been doing it for years. Now I know some of you will chew my head off about this technique of mine but this is my business and I run it as I see fit-just as you will run yours as you see fit. But, remember this is for the most part why are economy is shot…to many lies and games being played in the refinance word, and we are usually abandoned and stuck in the middle.
Now, most of you know I preach about your worth and the fees that you charge — this story just reinforces my feeling that you need to be paid what you are worth. I know this is an extreme case but we stick out necks out every time we take an assignment. We NEVER know where our notary public assignments will take us or what we will have to deal with when we get there. We deal with bad attitudes, late documents, traffic, bad neighborhoods, filthy homes, terrible smells, pets, incompetence, etc., and sometimes bad people. So my point is you need to be paid what you are worth. If you continue accepting these low fees that they are offering nowadays not only do you hurt yourself you hurt all of us: the notary community as a whole…..Now in this case a higher fee would not have stopped his unthinkable behavior but I feel that because we deal with so much adversity in this business we need to have our pay more in line with our efforts and the things that we are subjected too. For me, without fair compensation this profession is just not worth the effort or trouble.
Until next time!! BE SAFE!!
Written by Carmen Towles
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Part 2 of Notary is pushed of stairs – the sequel!
Power of Attorney at a nursing home
Why notaries don’t last