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April 3, 2018

Notary Public 101 Scenarios: Confirming the signing

Filed under: Loan Signing 101 — Tags: , , , — admin @ 11:18 am

Confirming a Notary Signing

As I continue to teach people and quiz Notaries on the subject of confirming the signing, I realize that the subject is more complicated than I previously realized. When confirming the signing with the borrower, there is a lot to go over. But, sometimes you don’t have the means to know what you should ask, especially when you have not received the package. Sometimes there are instruction pages with requests for checks or Quit Claim Deeds where non-borrowing in-laws need to sign. You might not know this until the last minute, but you could put it on your list of things to ask about during your initial call.

Since there are so many things to ask about during a confirmation call, it makes sense to keep a cheat sheet in your wallet with a list of things to ask about.

THE CHECK LIST

1. Identification
It is common for Notaries to confirm that the borrower(s) has/have a current government-issued identification card. That is not good enough. If the name does not match, you will have a very short or cumbersome Notarization. You can avoid a three hour trip that you don’t get paid for by making sure the ID proves that the name on the document is authentic.

2. Signers
Make sure all of the signers will be present. Not all signers are borrowers. It is common to have a non-borrowing spouse, or even in-laws who are on title. It is also common for people to sign off title if they don’t want to be part of a loan. There might be Grant Deeds or Quit Claim Deeds in such cases.

3. Paperwork going back to the Lender
There are often personal checks, cashier’s checks, tax or insurance forms or copies of ID’s going back to the Lender. Make sure that if there is anything going back, that it is in a folder on the signing table when you come so you don’t have to waste time finding it or forget.

4. Surface
To do a signing, you need a surface to do the signing on. Normally, homeowners sign on their dining room table. Many title companies are making sure that the table is clear before the Notary arrives to save time and grief. If you don’t make sure there is a surface, you might be signing on the floor or crouching to sign on a cluttered coffee table.

5. Duration
Many signers are not aware of how long a loan signing takes. It might take anywhere from thirty minutes to two hours depending on the length of the package, the degree of familiarity with the process and how much reading the borrower intends to do. The Notary should confirm how much reading the borrower wants to do, because the Notary needs to be on time for his/her next appointment. Find out in advance how much time the borrower wants, otherwise your schedule might get very off track.

6. Introduction
Many Notaries go over the fact that they are the Notary, what their name is, what their function is, and how they cannot answer legal questions, etc. Introducing yourself is great. But, if I am quizzing you with one minute to go over confirmation, and you waste the entire minute explaining the details of how you introduce yourself and forget to mention that you made sure all the signers would be there with ID’s that match the names on the document, you will fail.

7. The Numbers
If you want to go over numbers on the CD or HUD-1, you can think about that. These days, the Lenders normally do a good job of that on their own, but a last minute brush-up can reduce the chance of last minute surprises.

8. Where to Park & Directions
If you want to go over directions and where to park, that matters too. That is the last thing I want to hear if I quiz you, but in real life, where to park can be a serious consideration.

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Conclusion
The purpose in confirming a signing is to introduce yourself and go over all issues which would cause a glitch in the signing to make sure the glitch doesn’t happen before you get in your car and drive. Be prepared to confirm a second time after you have the documents printed out as you might learn more about what needs to be done after printing. Be prepared to cancel the signing if any information doesn’t check out as well. Be thorough, don’t leave any necessary information out, and you will have a more organized and stress free profession.

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You might also like:

Confirming the Signing
http://blog.123notary.com/?p=19

Real Life Notary Scenarios
http://blog.123notary.com/?p=19681

Notary Marketing 102: Phone & Communication Etiquette
http://blog.123notary.com/?p=19764

Notary Etiquette from Atheist to Zombie
http://blog.123notary.com/?p=13718

Don’t Call Title or Borrower
http://blog.123notary.com/?p=15066

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April 1, 2018

Scenarios: What is the cleanest way to rectify an error on a certificate?

Filed under: Technical & Legal — Tags: , , , — admin @ 9:25 am


Notary Certificates


In this article I will address multiple points affecting fixing errors on certificates.

WHAT IS THE CLEANEST WAY TO RECTIFY AN ERROR ON A NOTARY CERTIFICATE?

Most Notaries like to cross out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering and there is always a small chance that your cross-out will cause a long and drawn out delay in a court case if an Attorney suggests that perhaps there was tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document.

To be prepared for this type of situation, please do the following:

1. Keep Notary certificate pads on your person
Buy Acknowledgment, Jurat, and Copy Certification forms from the NNA. These forms come in pads and fit in your notary bag or at least in your trunk. A good Notary carries these and uses them regularly.

2. Ask for preferences, not for advice
Know when to ask the Lender or Title company for their preference. Please remember that as a Notary, it is your exclusive jurisdiction to be the expert and sole authority as to how Notarizations should get done and how Notarizations do get done. However, if there are two legal ways to handle a situation such as fixing an error on a certificate (does not apply to Maryland as I have heard that you may not add a loose certificate there — look it up in the MD Notary Manual to be sure) you can ask for a preference as to which legal way the Lender prefers. But, you must not ask a Lender if it is “okay” to do something in a Notary form, but only if they have an “issue” with it.

The way you think about asking Lenders questions matters as many Notaries think of Lenders as their authority and boss. As to completing the assignment, loan documents and shipping, they are your boss. For the actual Notary procedure, the Secretary of State Notary Division (or whatever they are called in your state) is your only authority and YOU are the authority over the Lender in this regard. You have the right to say no, and they do not have the right to boss you around about Notary issues, but only to voice preferences.

3. Recording fees & issues with adding forms
If you add a loose acknowledgment to a notarized document in a loan signing, that will change the recording fee which might be recorded on the CD, Closing Statement or HUD-1. You are opening a can of worms if you do that. However, in my opinion, the integrity of the notarization trumps any recording fee issues as you are not likely to end up in court because the recording fee went up by $10 or $50, but you might end up in court if someone thinks there is tampering due to initialing and changing information on a Notary certificate.

WHAT IF THE LENDER WANTS YOU TO USE THE ORIGINAL?

Lenders are particular to the fact that they might have trouble reselling their loan if there are too many abnormalities in the Notary section such as adding certificate forms. Additionally, recording fees can go up if you add a certificate to a recorded document, and that affects the information on the CD or HUD which opens up a can of worms. However, please consider that if there are any accusations of tampering, it is you who might spend a long time in court. Adding a fresh certificate that has its additional and optional information filled out, which identifies the document clearly, eliminates most possibility of suspicion.

YOU HAVE THE WRONG STATE IN THE ACKNOWLEDGMENT
Assuming the form is acceptable in all other ways other than the state, just cross out the state, write in the new state, initial, and you are done. Do NOT let the borrower initial Notary certificate forms — that is exclusively the jurisdiction of the Notary.

WRONG COUNTIES VS. WRONG DATES OR NAMES
Having a cross-out in the county of the venue would probably not affect the nature of the contact. Whereas changing a date would affect rescission which could nullify the effectiveness of a loan if challenged in court. Crossing out a name on a certificate can really change the contractual significance of a loan document. I cannot recommend how to handle situations with any authority. However, please realize that changing a county is a small issue while crossing out and initialing a date or name on an acknowledgment for a loan document could cause havoc down the line.

You might also like:

Cross out and initial or use a fresh form?
http://blog.123notary.com/?p=19933

Index of posts about Notary certificates
http://blog.123notary.com/?p=20268

Fixing certificates is a state-specific nightmarish issue
http://blog.123notary.com/?p=21083

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March 31, 2018

The John & Sally Question Revisited

Filed under: Loan Signing 101 — admin @ 10:28 pm

This is a simple question that throws Notaries off that I like to teach. John and Sally’s names are inscribed in an Acknowledgment for a Deed that the Lender pre-filled out. Sally cannot make it to the signing because she works the night shift. What do you do?

Wrong Answer
Notarize the form as is. Commentary — unfortunately, that is illegal, because you cannot perform an Acknowledgment for someone who does not personally appear before the Notary Public.

Another Wrong Answer
Just cross out Sally’s name and proceed. Commentary — unfortunately, forms have wording in the boiler plate section with he/she/they, capacity(ies), signature(s), etc. If you do not make sure the standardized wording and cross outs are consistent with how many people are there and of what genders, you have created falsified information in a certificate which is a crime.

A Messy but Acceptable Answer
You can cross out Sally’s name, check the wording below and make sure it is consistent with single man and a single signature if indeed there is only one signature on the document (better check to verify.) However, this is messy. Fraud could be suspected after the fact. If you cross out a county, that does not affect the transaction in any way because the loan would still be legal (I’m guessing & assuming) if you signed it in another county of the same state. However, if there is a debate as to whether Sally was there or not, or someone used the initial to add a third name fraudulently, you the Notary are in trouble. By having initials on legal documents and forms, you are opening up a can of worms and will have only your journal as evidence of what actually happened.

A Clean and Correct Answer
The best way to rectify the John and Sally issue is to either drive to the hospital where Sally works and get her to sign before midnight. That is not always possible. But, the forms could be stamped after she signs.

Or, use a fresh Acknowledgment form and just put John’s name on it, and notarize John’s signature as is. Another Notary can deal with Sally and do what James Bond calls — Notarize another day.
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You might also like:

Cross out and initial, or use a fresh form?
http://blog.123notary.com/?p=19933

Filling in your journal before the appointment?
http://blog.123notary.com/?p=15354

The ID says John Smith.
http://blog.123notary.com/?p=19953

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Scenarios: What types of forms should a notary keep in his/her bag?

Filed under: Loan Signing 101 — Tags: , , , — admin @ 6:19 am

Notary Public forms

A Notary public needs to carry forms in their bag because you don’t know what will happen at an assignment and you need to be prepared. You also need a reliable stapler in your bag because stapling certificates to documents is a requirement.

You might need a loose Acknowledgment if there is an error on the original or if there is no Acknowledgment wording on a form. You might also have the problem that there is out of state wording that is not allowed in your state. Each state has a different rule for out of state wording, California’s being the most stringent. So, try to know what you can and cannot do. But, you can always add a loose certificate unless you live in Oregon and Maryland where it is rumored that you cannot, but the crab cakes are so good that they outweigh the loose certificate issue. Notaries in Maryland always get crabby about this issue.

There are other forms you could have including Jurats. Some people need permission for their children to travel with an accompanying adult. With respect to crying babies on future flights, here’s hoping they don’t grant permission. I created my own form with dates, thumbprints, names of all parties, etc. The Mexican authorities loved my form, and it did not take long to typeset or copy or make into a form. Whether or not you create your own form, be prepared, because you never know when your customer is not!

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You might also like:

Notary loses $4000 in legal fees because fraud adds name to Acknowledgment certificate.
http://blog.123notary.com/?p=19477

Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858

Can you send a loose Acknowledgment? You should hear the answers.
http://blog.123notary.com/?p=16168

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March 20, 2018

Notary Marketing 102 — The Top of Your Notes

Filed under: Loan Signing 101 — admin @ 7:51 am

Return to the Notary Marketing 102 Notes Tutorial

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1. TOP — Selling Points & Experience
A good notes section should start out by mentioning some quick points about why someone would want to hire you. Here are some points that do well in the top section:

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Number of Loans Signed – Most Notaries hide behind their years of experience. But, the Title companies want to know how many loans first as years is not a definitive metric of how much actual experience you have. What if you signed ten loans per year for ten years, that is only 100 loans. If you have thirty or more years of experience, list it in a format such as: Notary since 1985.

Jail & Hospital Signings — Many people need service in unusual places, so if you are specializing in jails and hospitals, you should mention this at the top of your notes.

100 Mile Radius — In remote areas, people need service far from where you live. If you offer this service with a smile, you will attract a lot more business.

eSignings — Listing unusual services makes you look highly skilled, and will attract specific types of work.

Hours — If you are a 24/7 Notary or a night owl, let the world know this first, because a lot of people need help at night and the other Notaries probably don’t want to be bothered.

Languages — Spanish and Vietnamese are the most demanded languages. But, if you speak another language, put that up top so people will know right away. If you speak Spanish, it is better to claim to be “bilingual” as it carries positive cultural connotations.

Specific Experience — Mention specific types of financial packages or documents that you are accustomed to signing. If a client has that exact package they might be more likely to call you first.

Catchy Phrase — Sometimes a catchy phrase about yourself, your business or service can win the game. Often it is a one-liner that is artfully phrased and catches people’s attention. Don’t bore them with fluff, dazzle them with class!

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LINK: Buzzwords to avoid in your notes section
http://blog.123notary.com/?p=19054

LINK: What NOT to put at the top of your notes section
http://blog.123notary.com/?p=19056

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Examples:

EFFECTIVE
24/7 service; 8500 loans signed; last minute signings; Bilingual; Experienced with Modifications, eSignings, REO, Time Shares, Refinances, VA, FHA, 1sts, 2nds, and Helocs.

Commentary
The effective top of your notes section stresses time of availability, level of experience you can really put your finger on (# of loans is a better analytic than years because the reader could assume that you did very few loans per year for ten years which is not impressive.) “Last minute signings” is a great phrase because many notaries do not like to be bothered at the last minute. Unusual types of financial packages are also good to list and this section lists ten types of packages. I would stop at twelve types of packages per paragraph to avoid overload.

HORRIBLE
I have been a notary for twelve years and know my way around the business. I am responsible and know everything I need to know. NNA certified.

Commentary
The horrible top of your notes section commentary lists years which is bad because you don’t know what quantity of actual work was done per year. There is some bragging and self-promotion which I called “inexpensively bought credibility” which carries no weight because it is self-verified credibility. Then there is the NNA certification which is not a selling feature as almost all Notaries on 123notary are NNA Certified. You have to mention what makes you different and better, rather than what makes you average.

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March 16, 2018

Notary Marketing 102 — The Bottom of your Notes Section

Filed under: Loan Signing 101 — admin @ 7:43 am

Return to Notary Marketing 102 Notes Tutorial

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This article continues the discussion of what goes in your notes section on your 123notary profile. The following content covers what goes in the lower-middle or bottom of your notes:

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4. Coverage Areas and Special Terms
The lower middle of your notes can talk about what counties or cities you serve. I do not like lists of zip codes, but if you insist you can include them. Listing a radius is fine, but back it up with mention of specific counties or parts of counties so the public will have a clear idea of where you go. Clear information wins the game and vague self-descriptions looks sloppy. If you take credit cards, Square or Paypal, mention that too. Here is an itemization of what to put here:

Areas Covered — A radius in miles and the names of counties or parts of counties are most effective. You might list specific city names too. Keep county lists as county lists and it is confusing to mix cities and counties together. Format is important, so if you ramble on and on about how you sometimes go to Northeast Butler County, but only if it is not raining and not after 8pm except if it is during the summer, that is too complicated.

Credit Cards — If you take square, paypal, or credit cards, mention that here.

Online Booking — If you have some fancy technological system or do online booking, mention that here.

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5. Closing Phrases
Finish off your notes with a catchy closing phrase. Call today! Satisfaction Guaranteed. I look forward to working with you.

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6. Other
Please make sure the general fields in your listing are all filled out. 123notary has many fields to fill out and it is common for Notaries to swear to me that they filled everything out when most fields were left blank. Fill in your number of signings, hours, specialties, etc. The additional information area has room for a lot more information about hospital signings, immigration documents, and more.

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LINK: Excerpts from great notes sections
http://blog.123notary.com/?p=13613

LINK: Your jumbled or too short notes section is costing you 50% of your business!
http://blog.123notary.com/?p=16572

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March 11, 2018

If you have 2 signers each signing 10 Grant Deeds

Filed under: Loan Signing 101 — Tags: , , — admin @ 11:20 am

If you have two signers each signing ten Grant Deeds, how many journal entries should you create and what should you put in the document section?

Wrong Answer
Just create one journal entry and enter both names of the signers and in the document section put ten Grant Deeds.

Another Wrong Answer
Create one journal entry per signing and put “Ten Grant Deeds” where it says name and description of document. Don’t forget to create a journal thumbprint if you want to safeguard against fake identification.

Correct Answer
Create twenty entries, that is ten per signing. Write the term Grant Deed in the document section as well as some unique identifying information about each Grant Deed such as:

Document date, address of property, APN number, name of grantor, grantee, or anything else that is unique.

Why?
If one of the Grant Deeds you notarized for a particular client ends up in court and your journal is queried, you will need to let the judge know which of your journal entries reflects the one for the particular Grant Deed in question. If you did not keep your journal straight in this respect, there could be a debate as to whether you even notarized that particular Grant Deed or if an impostor did. Your journal is not for fun, but is to safeguard you the Notary, Judges, FBI agents, your clients, and society as a whole.
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You might also like:

Notary Public 101 — Journals
http://blog.123notary.com/?p=19511

Journal abbreviation keys
http://blog.123notary.com/?p=19441

Do you keep a journal to please your state, a judge, the FBI, or 123notary?
http://blog.123notary.com/?p=19483

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January 29, 2018

Journal abbreviation keys

Filed under: Journals,Technical & Legal — admin @ 12:50 am

Many people take the easy way out with their journal. Journal keeping is seen as just an arduous task with no higher meaning. Many people feel that they can do a shoddy job doing their journal since it is not required in their state. However, if you are in front of a judge you need a clearly filled out journal whether your state requires it or not.

Many Notaries use the check box journal. I recommend against this. The check box journal says, “E&O” as one of the names of a document. If the real document says, “Errors and Omissions Compliance Agreement” that is a completely different document. E&O is an abbreviation for the first three words, but what about the last two words? Don’t take liberties.

Then there are other Notaries who just write, “10 Grant Deeds.” If you are ever in court, you need to know which Grant Deed is in question and if you really notarized it. Keeping escrow numbers, names of parties involved and addresses helps to narrow it down.

DOT could be a good abbreviation for Deed of Trust. However, if you are in court years later what will the judge say? What if you have bad handwriting and use abbreviations?

My philosophy is to keep an abbreviation key in the inner cover of each journal you use. I had 70 journals in my career so I could have a lot of keys. You can have a key that says:

DOT = Deed of Trust
AFF = Affidavit
E&O Comp Agree = Errors & Omissions Compliance Agreement.
Corr Agree = Correction Agreement.

This way you have a system that is documented just in case.
Or, just write the entire name of the document out. Or you could only abbreviate Deeds of Trust since they are so common and not abbreviate the others just to keep reading the journal more straight forward.

The worst thing you can do is to write, “Loan Docs.” When you put the names of documents in your journal, each document is legally separate, and the fact they are part of a package does not make them legally all have the title, “Loan Documents.” Each document has a name that must be entered in your journal if you notarize it.

You might also like:

Here’s why you should keep a journal
http://blog.123notary.com/?p=22543

Detective seizes a journal and complains about a blurry thumbprint
http://blog.123notary.com/?p=22237

Index of posts about journals
http://blog.123notary.com/?p=20272

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January 23, 2018

What’s your sign?

Filed under: Identification For Being Notarized — Tags: , — admin @ 10:54 am

As a Notary, there are various aspects to our job. The most important according to Carmen is identifying people. But, most Notaries just look at the name, and photo, and if it is close enough, that is good enough. If the name is missing a middle initial on the ID that exists on the document that is bad news. But, most Notaries just say, “close enough.” If you say “close enough” too many times, you might end up in court on an identity fraud case which could end you up in court for weeks with no salary, and you might lose a lot of your regular customers as well.

So, how can Notaries make identifying people more reliable? Here are some quick points.

1. If the name don’t match, you must not attach.
Most Notaries say you can over sign but not undersign. This is a Lender preference not a law. If the ID says John Smith and the document says John W Smith you are taking your commission in your hands if you Notarize the signature.The Lender might not mind, but you might end up in court over this if fraud is involved and once in a blue moon it will be.

Most states make sure that middle initials are in ID’s, but not all people are from one of those states. There are out of state people, foreigners, and people who changed their names due to marriage or some other reason, not to mention people with name variations. People from Mexico culturally have two surnames on a regular basis.

So, you have to be prepared for this type of situation even though it only happens 1-6% of the time. If you are going to notarize anyway, what can you do?

(a) Ask the signer what sign he is while holding the ID. If the fake ID has a fake birthday the signer will not know his fake sign. He might be a Leo that is pretending to be an Aquarius. On the other hand, the fake ID might have a real birthday but a fake name.

(b) Get a thumbprint from the signer in your journal. That way the investigators can catch him after the fact if there is any funny business. Thumbprints also deter frauds as they often would prefer not to be notarized than risk being thumbprinted.

(c) Ask their height or birth date.

(d) Ask for a birth certificate if they have one. That doesn’t have a photo, but does have the DOB which is something you can use to cross-check information.

(e) If they have a Social Security card, that is not an acceptable ID, but the first three numbers are part of the zip code where they were born. You can cross check check the info by asking them where they were born.

(f) A gas bill is NOT generally an acceptable form of ID for notarization. However, if you want to verify a middle initial, it is better than nothing.

What you can’t do.
Do NOT accept a signature affidavit AKA statement as a form of identification. That is a document for the LENDER and the source of the information is unknown and not official. Sources for government ID’s are official which is why you can normally trust government issued photo ID’s.

Summary
You need to know your state laws on identifying signers. Many states do not require the name on the ID to exactly match the signature on the document or even for the complete name on the document to be provable based on the ID. Many states leave it up to your judgement. Just because you are following the law does not mean you won’t end up in court as a witness or conspirator to identity theft which is why you as a Notary must take as many precautions as possible.

If you are notarizing for a long term customer and want to take liberties to ensure that your business relationship does not end prematurely, then you might use the above techniques. If the customer means nothing to you, I would strongly consider JUST SAYING NO to any request that is at all questionable, especially those involving ID’s that have names shorter than that on the document.

But, the fastest way to verify if an ID is fake is simply to ask — what’s your sign?

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You might also like:

Credible Witnesses – the ins and outs
http://blog.123notary.com/?p=19634

Notary Public 101 – Identification
http://blog.123notary.com/?p=19507

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January 16, 2018

Credible Witnesses, the ins and the outs.

Filed under: Credible Witnesses,Identification For Being Notarized — Tags: , , — admin @ 10:52 am

Not all states allow credible witnesses, and some states like California have odd rules for credible witnesses. I also have opinions about credible witnesses as I used them frequently.

Some states that allow credible witnesses require only one witness. One that knows both the signer and the Notary.

Some states don’t allow credible witnesses at all.

While other states allow the use of two credible witnesses who both know the signer but do not know the Notary. Or one credible witness who knows both.

The problem is how credible witnesses are used. Credible witnesses are normally used when the Notary gets to a Notary appointment and the signer has no ID. Or sometimes the ID has the wrong name. Hurry, get a credible witness or the notarization is over! So, you grab a neighbor, or coworker who swears they know you well.

The problem is that knowing you as a neighbor is very different than knowing you well enough to have your middle name(s) memorized.

You could test a credible witness out and ask, “What is this man’s middle name?” If they don’t know it, I would not think of them as a credible or reliable source of information. The law might allow you to use them but does it really make sense. They are just going along with whatever middle name the signer claims to be.

Or, you could use your judgement while picking credible witnesses. Personally, I feel that a family member or spouse is a quality choice for a credible witness as family members will know the other family members middle names. But, my friends who I’ve known for 30 years I do not know their middle names — sorry to say.

Additionally, in California, the credible witness has to swear that the signer cannot easily obtain an identification acceptable to the state of California such as a driver license, passport, etc. So, if the signer has an ID, but the names do not match, it would be bending the law to use a credible witness in that situation. If you don’t believe me, read page 12 of the 2017 California Notary Handbook.

All in all, I would say that using credible witnesses as a way to get out of a bind is something that should only be done if the credible witness really knows the person intimately and knows their middle names intimately off the top of their head. Otherwise you are just finding loopholes. And God forbid if you don’t take journal thumbprints you are asking for a court case and an FBI investigation! Be cautious as a Notary. It is easy to get in trouble and big trouble!

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You might also like:

Credible witnesses – the process explained
http://blog.123notary.com/?p=16695

Where do credible witnesses sign the notary journal book?
http://blog.123notary.com/?p=2508

Credible Witnesses from A to Z
http://blog.123notary.com/?p=452

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