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April 19, 2012

California Credible Witness Requirements

California credible witness requirements 

If you are a California notary public, and you are at a signing where the signer doesn’t have a current government issued photo identification document, (or EXPIRED is okay if issued within the last five years) you will not be authorized to notarize the signature of that signer without the use of credible witness(es).
 
When can a California notary use credible witnesses?
If the signer has no identification, or if it is going to be very difficult to obtain (perhaps it got misplaced and is very far away), then you can use one or two credible witnesses depending on whether or not you know the witnesses.
 
When can I use only 1 Credible Witness?
If the Notary in California knows the credible witness relatively well, and the credible witness knows the signer’s full name (without you having to tell them the complete name), then you can use just 1 Credible Witness
 
When can I use 2 Credible Witnesses?
If the California Notary Public doesn’t know the Credible Witness, then you need to depend on the Oath of 2 Credible Witnesses who know the signer’s full name.
 
Identifying the Credible Witness
You need to check the identification cards or documents of the Credible Witnesses. If they don’t have any, then you can not use them.  They need to have current, (or EXPIRED if issued within the last five years) government issued photo identification with a physical description, signature, serial number, and expiration date.
 
Oath of Credible Witnesses in California
The California notary needs to have the Credible Witnesses (one by one) swear under oath that they will tell the truth, the whole truth, and nothing but the truth.  Then, ask them what the name of the signer is who you are pointing to.  If the answer is, “Joe”, then make sure to ask if “Joe” has a middle or last name that they are aware of. If they can’t answer this question, then perhaps they are not the ideal witness for you!
 
Documenting the Signature of the Credible Witness in your journal.
It is required by law to document the signature of the Credible Witness or Witnesses in your journal.  Have them sign in the notes section, NOT the signature section.  Have the document signer sign in the signature section.  It is optional but recommended that you also document the printed name, address, phone number, and identification information about the Credible Witnesses in your journal.
 
If the idenfication is expired – what is the issue date?
On California drivers licenses, there is an issue date documented at the BOTTOM of the card.  This date is not labeled as an issue date, but it is clearly several years before the expiration date, and you can logically deduce that that was the issue date.
 
Get a thumbprint? It is a stronger proof of identity than anything else!
If you are identifying a signer in California based on the oaths of credible witnesses, I would strongly recommend getting a thumbprint of the signer in your journal.  Although only required by law for Deeds and Powers of Attorney notarizations, the thumbprint is a much stronger proof of the identity of the signer than the Oaths of a few people who hardly know the signer.  Please keep in mind that in rural Tennessee, you probably know your neighbors well, and your family’s have probably known each other since not far after the Mayflower landed.  But, in urban or suburban-sprawl California, you probably don’t know anyone well because people tend to not know each other in California.  Credible Witness rules were created a long time ago when people used to know each other a lot better.

You might also like:

Credible Witness notary resources and information
http://blog.123notary.com/?p=21404

A new California notary law
http://blog.123notary.com/?p=3054

California e-notary rules
http://blog.123notary.com/?p=2077

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April 1, 2012

Do personal loans require a witness?

Filed under: Witnessing — Tags: , , , — admin @ 12:08 pm

Do personal loans require a witness?
 
Most personal loans are signed in the presence of a notary.  Refinance loan signings are commonly refered to as witness signings.  The notary is the witness in this case.  Technically, the notary needs to witness the signings of Affidavits in the loan as a matter of notary law.  Each loan is different, but there could be a Signature Affidavit, Occupancy Affidavit, and perhaps other Affidavits too.
 
What about a non-notary witness?
I have heard of personal loans or refinances requiring an outside witness, however, this only is required in particular states. Additionally, from time to time, if a signer doesn’t have their identification, a credible witness might be brought in.
 
You might also like:
 
Can a notary be a witness?
 
Can a notary be a witness to a will?

If you can’t find a witness to sign

Can a notary sign an out of state Quit Claim Deed?

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March 17, 2012

Oath of two credible witnesses

Oath of two credible witnesses
 
We wrote another quick blog entry regarding WHEN you can use the oaths of two credible witnesses to identify a signer.  We also specified WHICH STATES you are allowed to use the oaths of two credible witnesses in.  Please refer to:
 
Credible witnesses from A to Z 
to learn which states allow the use of oaths from two credible witnesses to identify a signer.  If a notary public uses two credible witnesses, then the notary doesn’t need to know those credible witnesses, however, the credible witnesses should be able to tell the notary public the complete name of the signer(s).  Please keep in mind that you should not use credible witnesses unless the signer either has no identification, or unless it is too difficult to obtain that identification (generally because it at a different place far away). 
 
Please keep in mind that the notary public must administer an oath to the credible witnesses asking them to swear under oath as to the identity of the signer, and that the credible witnesses should sign the notary journal in the notes section as well.  The notary must also identify the credible witnesses by means of identification documents such as a drivers license, passport, etc.

You might also like:

Sample Affidavits & Sample Oaths
http://blog.123notary.com/?p=2372

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March 7, 2012

If you can’t find a witness to sign…

Filed under: Witnessing — Tags: , , , — admin @ 3:21 am

If you can’t find a witness to sign a document… 

Certain documents such as Wills generally require the signatures of witnesses.  It is better if the witness knows the signer, however, sometimes, you just have to get a living breathing human being who is 18 years of age or older.
 
A notary can be a witness. Some states allow notaries to witness as an official Notary act.  But, I have not heard of any state prohibiting a notary from acting as a witness in their capacity as an individual.
 
You can always try to grab a neighbor or a stranger who will be willing to act as a witness.
 
It is good to document the witness’s identification, printed name, phone number and address just in case.  You might need to find that person after the fact, or prove that they really witnessed a real signature.
 
Sometimes, a notary might be instructed to notarize the signature of a witness on a Will.  Although notaries are generally discouraged from notarizing the signatures of the main signer on a will, I have never heard of a notary being discouraged from notarizing the signature of a witness on a Will.

You might also like:

Can a Notary be a witness?
http://blog.123notary.com/?p=21359

Can a notary witness a will or notarize one?
http://blog.123notary.com/?p=1525

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

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November 13, 2011

Can a notary witness a will or notarize one?

Can a notary act as a witness to a will — Can a notary notarize a will?
 
This is a very difficult topic to write about because notary law differs from state to state, and notary laws change over time as well in particular states.  As a general rule, a notary public is discouraged from notarizing signatures on any will.  If you are a New York Notary Public, you should probably avoid notarizing signatures on Wills under any circumstance since standards for what constitutes unauthorized practice of law in New York State for a New York Notary Public are more stringent than many other states.  I heard that notarizing a Will as a New York Notary might be considered practicing law. However, in many states, a notary can notarize signatures on a will — even though it would be meaningless.  Utah notaries are encouraged to notarize signatures on Wills if asked to since it is illegal to turn down any lawful request for a notarization. But, what about acting as a witness?
 
A notary can act as a witness, but in their capacity as an individual.
Unless your state prohibits a notary from being a witness (  have never heard of such a restriction, but it could exist), a notary can be a witness.  A Delaware Notary Public can act as a witness as an official Delaware notary act and charge a prescribed maximum notary fee.  However, in other states, a notary public may act as a witness, but in their capacity as an individual — or at least it would not be done as an official notary act recognized by their state.  On the other hand, the notary acting as a witness can also indicate that they are a commissioned notary in their state which adds credibility.  Notaries are screened before being commissioned in their respective state which makes them perhaps more credible than an average citizen (you would think).
 
Unauthorized practice of law — what does this mean?
I am not an attorney, and can not give any meaningful tutorials on what unauthorized practice of law constitutes.  As a non-attorney notary, you should avoid giving any type of advice about what type of notarization to get, what type of legal paperwork to get, or how to fill it out.  You should not draft legal documents in any state (documents to be used in court or submitted to a judge or used in conjunction with any court case).  You might be able to assist in drafting non-legal documents in many states that are to be notarized such as simple affidavits, etc.  A Florida notary public is strongly advised against helping drafting any type of documents since laws in their state are more strict about what type of advice a notary may give.  In short, each state has a different idea of what “UPL” means.  To play it safe, please read up on what your state notary laws are, and don’t draft legal documents, and don’t give advice on legal matters.
 
How many witnesses do you need for a Will?
It is standard in California, New York, Ohio, Arizona,  and  most other states for a Will to require two witness signatures. I read on findlaw.com that Vermont requires three witnesses to sign a Will.  Witnesses must be 18 years of age or older in any state.  A notary can be one of those witnesses.
 
How do you document witnesses?
It is not a crime for a notary public to notarize the signatures of witnesses on a will, although it is improper to notarize the signature of the principal. It is always helpful for the witnesses to print their name, give their address and a phone number as documentation. You never know when they might need to be contacted.  By having witnesses’ signatures notarized, the notary has a record of the identification of the witnesses, and a prudent notary would also record their adress and maybe even their contact information.
 
What is it like to act as a witness to a will?
I have done this many times.  It is a very boring, but traditional formal proceeding. It is common to have an attorney present, a few neighbors or friends, and perhaps even a bottle of wine (for after the signing).  Everyone commonly gathers around the dining room table. Once everyone is there, then the attorney might give a quick speech, and then the principal signer signs, and then the witnesses sign in their appointed places.  Afterwards, there is lots of chatting generally. Or, you might meet in the conference room of a law office and do it there (less fun).  Many people consider a notary to be a better quality witness since they deal with signing documents as a profession and they take signatures more seriously, so I got many gigs as a witness.  I took it very seriously and watched very intently every time a signer signed!
 
You might also like:
 
Information about Credible Witnesses
 
Can a notary be a witness?
 
New York Notary search results

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October 22, 2011

Can a notary be a witness?

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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.

You might also like:

Power of Attorney information

Can a notary witness a will or notarize one?

California Credible Witness Requirements

Oath of two credible witnesses

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January 17, 2011

What is a credible witness notary or notarization?

What is a credible witness notary or credible witness notarization? 

There is no such thing as a credible witness notary.  Credible Witnesses are individuals who are willing to swear to the identity of another individual who is signing a document in the presence of a notary public.  The notary who is notarizing a signature may not act as a credible identifying witness.  However, some states allow a notary to identify a signer based on personal knowledge which is similar in nature (but not terminology) to being a Credible Witness.
 
There is also no such thing as a credible witness notarization.  However, you could refer to a notarization as one that uses credible witnesses.  Credible identifying witnesses should not be used unless a proper identification document is not available.  Please also keep in mind that many credible witnesses these days do not know the full name of whomever’s identity they are swearing to.  For the sake of integrity, you might want to ask the proposed credible witness, “What is this man’s full name?”. If they say, “Joe?”, and then shrug their shoulders, then perhaps they don’t know Joe as well as they should to be a credible identifying witness.

You might also like:

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

Oath of two credible witnesses
http://blog.123notary.com/?p=2405

Subscribing witnesses and Signature by X
http://blog.123notary.com/?p=2278

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January 8, 2011

Credible Witnesses from A to Z

Credible Witnesses from A to Z
 
What is a credible witness?
A credible witness, “CW”, or credible identifying witness is someone who can identify a signer at a notary signing.  The credible witness must know the signer and must know the signer’s name.  The witness should know the signer by having met many times in the past through different individuals.  Some states require that the credible witness always knows the notary as well, to create a chain of relationships, while others only require that the credible witness knows the notary if only one credible witness is used.  The credible witness should be an impartial party who does not have beneficial interest in the document
 
Which states allow the use of credible witnesses?
Many states allow credible witnesses, and we documented these states on a forum post
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047.  To summarize: Virginia is a state that does not allow credible witnesses.  Most other states that we have information about do allow credible witnesses.
 
States that allow 1 Credible Witness
How many credible witnesses do you need to use in various states? What are the credible witness rules?
Arizona, Ohio, Pennsylvania and several other states allow the use of one CW that must be known to the notary, and must know the signer. 
 
States that allow 1 or 2 Credible Witnesses
California, Florida, and Georgia, among other states, allow the use of one CW if the witness is known to the notary and knows the signer; or two CW’s if the notary doesn’t know either of the witnesses.  These states are unique in that they offer a choice of using one or two credible witnesses.
 
States that allow 2 Credible Witnesses
Tennessee and Missouri allow the use of two credible witnesses to identify a signer.
 
Procedure
Credible Witness Rules can vary from state to state, but as a general rule, you should not use a credible witness unless there is no identification available.  In many cases, the identification available will have a different name variation on it, making it unacceptable to be used when signing documents that have a longer, or different name variation. Whether or not its legal to use credible witnesses in this type of situation is something to look up in your state’s notary manual.
 
The credible witness must SIGN the notary’s journal in California. Rules vary from state to state, so be knowledgeable about your particular state’s rules. The CW must raise their right hand and swear to the identity of the signer.  The CW must also have acceptable identification.  It is wise for the notary to record the CW’s address, ID#, and phone number in their journal. 
 
Common Uses
If a notary is doing a jail signing, inmates never have acceptable ID on them unless a visitor brings it.  When doing a jail signing, an attorney, relative, or friend of the inmate will normally meet you. Make sure they are going to bring the inmate’s ID and that the ID is current and state issued.
 
Hospital signings involve signers who are too elderly to drive in many instances.  These folks often don’t have current identification making the use of CW’s necessary.
 
If you notarize someone who lost their ID, or doesn’t have one becase they don’t drive, you might need credible witnesses. 
 
If the name variation on the document is slightly different from the name on the ID, you might check your state notary manual to see if using a credible witness in this situation is allowed.
 
Issues
A few notaries on our Facebook network have pointed out that many loan signings should not be done using credible witnesses.  One notary in Pennsylvania stated that for loans that require USA Patriot Act ID verification, credible witnesses should not be used.  Another notary in Florida points out that the CW is swearing to the fact that the signer does not have the acceptable identification documents and that it is difficult or impossible to find such documents.

Credible Witness Notary
There is no such thing as a credible witness notary, however you can be a notary that uses credible witnesses.  Just make sure you know how many credible witnesses to use.
 
Summary
After being a notary public in California for eight years, I found that 15% of my signings would not have been possible without the use of credible witnesses, among other “Plan B” type procedures.  Many notaries try to get through their career learning as little as possible about what they need to know to get the job done.  You will be letting future clients down if you are not an expert at credible witness procedures for your particular state.  You could be letting countless clients go high and dry if you don’t know this procedure. Please consult your state’s notary manual to learn exactly what all of the CW requirements (credible witness notary rules) are for your state.

You might also like:

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

Credible Witness Scenarios
http://blog.123notary.com/?p=18911

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

Forum string: Credible Witnesses – the basics

Can a notary be a witness?

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January 4, 2011

Witnessing the intake forms for Notary Heaven

Clerk: “NEXT!!!!”

Clerk: “You were. Ahh. It says here on your Akashic records that you were a decent notary. You never backdated. That’s just herely.”
Sal: “Pardon?”
Clerk: “Heavenly. But… On your Match.com profile, you front-dated to make yourself younger, but the women you met also front-dated and it all evened out, so no problem there. Back to your records… You never signed without having a current ID with a matching name. You were rarely late to any appointments, and you made a courtesy call when you knew you’d be late. Too bad you were late on your child support payments.”
Sal: “Better late than never.”
Clerk: “As in dead vs. never exist, I agree. Sign here.”
Sal: “I never had any kids, by the way. You must be confusing me with somebody else.”

Clerk: “You must be confusing me with somebody who confuses you for somebody else.”
Heavenly Notary: “Can I see some ID?”
Sal: “I just died. My ID is with my body down there.”

Clerk: “His commission seal expired after he did. I already checked it in.”
Notary: “Your right thumb print, please. The one you hitched a ride with to get to the dance where you met your future wife to whom you gave thumbs down to timely child support.”
Sal: “Boy, you guys really know how to stay on topic.”

Clerk: “You are hereby appointed to Notary Heaven section 263, upper level.”
Notary: “Really? Upper level! I must have done something right? By the way, up here, is upper level a good thing?”

Clerk: “It’s where we put decent notaries who didn’t make their child support payments. It’s up in the nosebleed section. But since noses don’t bleed here, no worries. Be glad you’re not headed to where we stick the backdaters.”
Sal: “Uhh… Where’s that?” Clerk: “Notary purgatory. For all of eternity, they’ll have to remind clients to stop signing differently on each page, so it’s consistent.” Sal: “Okay, but once again, I never had children. Perhaps there’s another Sal who used my social security number and…”
Heavenly Bouncer: “You’re coming with me, kid…”
Sal: “Thanks for calling me a kid. I guess compared to all of eternity, I am on the youthful side.”
Bouncer: “Up these stairs over here.”
Sal: “They don’t have escalators in heaven? Not that I’m complaining.”
Bouncer: “You’re getting aerobic exercise. It will make you feel therely.”

Sal: “Oh, okay. Wait a minute! … There-ly? Don’t you mean here-ly?”
Bouncer: “We just left heaven. This is heaven-adjacent. The address still sounds reasonably fancy, but the neighborhood’s a little seedier. For the seedier folks who shirked their child support payments.”
Sal: “Listen… I didn’t get your name.”
Bouncer: “What do you mean?” Sal: “Your name. I didn’t get your name.” Bouncer: “My name is ‘What do you mean.’ In heaven-adjacent, it makes confused new members sound like they’re my friends.” Sal: “Is there any way to appeal the whole child support issue?”
Bouncer: “You can take that up with the staff in section 263.”
Sal: “What do you mean?” Bouncer: “Yes?” Sal: “Never mind.”

263 Host: “Welcome to section 263. We’ve been expecting you! The accommodations here are adequate, and the food isn’t terrible.”
Sal: “That doesn’t sound… terrible.”
263 Host: “As for the enticing food descriptions in the menu, don’t ask me to affirm them under the penalties of perjury. Oh, and the full portions are reduced by thirty percent, because SOMEONE in the brighter world didn’t make their section 263 support payments. Ring a bell?”
Sal: “How could I have been a deadbeat before I was actually dead?”
263 Host: “Have a nice eternity.”

———————–
Old Version
———————–

Sal: “Hi, I’m Sal”
Clerk: “You sure are. Hmm. It says here on your Akashic records that you were a good notary. You never backdated. You never signed without having a current ID with a matching name. You were rarely late to any appointments, and you made a courtesy call when you were going to be late. Too bad you were late on your child support payments.
Sal: “Hey, excuse me. I think there is a mistake here. You see I…”
Clerk: “Sign here”
Notary: “Can I see some ID sir?”
Sal: “Hey, give me a break, I just died. My ID is with my body down there. I never had kids by the way, you must be confusing me with…”
Clerk: “Sure you didn’t. Where have I heard that before.”
Notary: “Your right paw-print please.”
Clerk: “You are appointed to Notary Heaven section 263, upper level.”
Notary: “And what did I do to merit such a place? By the way, is that a good place?”
Clerk: “That’s where we put good notaries who didn’t make their child support payments. It’s a whole lot better than where we put the backdaters. I’ll leave that to your imagination.”
Sal: “Okay, but once again, I never had children. Perhaps there is another Sal who used my social security number and…”
Bouncer: “You’re coming with me kid…”
Sal: “Oooh, strong grip…”
Bouncer: “Up these stairs over here.”
Sal: “Is this heaven or is this a prison?”
Bouncer: “Think of all of god’s creation as a karmic realm of one sort or the other. Certain realms are more desirable than others.”
Sal: “Is there any way to appeal the whole child support issue?”
Bouncer: “You can take that up with the staff in section 263. Have a nice day!”

263 Staff: “Welcome to section 263. We have been expecting you! The accommodations here are honest, and the food is not bad, but you only get 70% portions because our funding got cut because SOMEONE in the brighter world didn’t make their section 263 support payments. Sound familiar?”
Sal: “Yeah, about that. I was hoping that we could…”
263 Staff: “NEXT….”

Tweets:
(1) Notary Heaven Section 263: That’s where we put good notaries who didn’t make their child support payments.
(2) Hmm. It says here on your Akashic records that you were a good notary. You never backdated.
(3) I just died, my ID is with my body down there.
(4) Notary Heaven Section 263: That’s where we put good notaries who didn’t make their child support payments.
(5) Hmm. It says here on your Akashic records that you were a good notary. You never backdated.
(6) I just died, my ID is with my body down there.
(7) The notary heaven clerk noted that his commission seal expired after he did.
(8) Notary purgatory: For all of eternity, dead notaries get clients who sign differently on each page.

You might also like:

Compilation of comedy articles about Notary Heaven & Hell
http://blog.123notary.com/?p=16640

The signing from hell (Carmen’s version)
http://blog.123notary.com/?p=765

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May 24, 2024

Key Spots Where Notaries Are In Demand

Filed under: General Articles — Tags: — Tom Wilkins @ 12:00 am

The demand for notaries has grown significantly in today’s fast-paced and constantly changing world. Notaries act as impartial witnesses for the signing of important documents, guaranteeing their authenticity and legality. Knowing the places that need notaries can help simplify processes and reassure homeowners and business owners. This article explores the areas where notaries are essential, providing valuable insights into their responsibilities across different settings.

Real Estate Transactions

One of the most common places where notaries are needed is in real estate transactions. Homebuyers and sellers often require notarized documents to finalize sales, transfer deeds, and secure mortgages. The presence of a notary ensures that all parties involved are who they claim to be and that the transaction is conducted legally. This step is crucial for preventing fraud and ensuring the smooth transfer of property ownership.

Legal Applications

Legal documents are another significant area where notaries are in demand. Contracts, affidavits, and power of attorney documents often need notarization to be considered valid and enforceable in court. Notaries play a critical role in verifying the identities of signatories and ensuring that they are signing willingly and without coercion. This verification helps maintain the integrity of legal proceedings and protects the interests of all parties involved.

Financial Institutions

Banks and other financial institutions frequently require notarized documents for various transactions. Whether opening a new account, securing a loan, or executing a financial power of attorney, notaries ensure that all paperwork is properly authenticated. Their involvement helps prevent identity theft and fraud, providing an additional security layer for the institution and its clients.

Business Operations

Businesses often encounter situations that necessitate the services of a notary. From verifying the authenticity of employee documents to notarizing contracts and agreements, notaries provide essential support to ensure compliance with legal standards. Their presence is particularly crucial during mergers and acquisitions, where the accuracy and legality of documentation can significantly impact the transaction’s outcome.

Healthcare Facilities

In healthcare settings, notaries are in demand for authenticating advance directives, medical power of attorney forms, and healthcare proxies. These documents are vital for ensuring patient’s wishes are respected in medical settings. A notary present guarantees that these sensitive documents are correctly executed, providing clarity and assurance for patients and healthcare providers.

Government Offices

Certain government documents, such as permits, licenses, and immigration papers, often require notarization. Government offices use notaries to verify applicants’ identities and ensure the accuracy of the information provided, helping maintain the integrity of public records and services.

Educational Institutions

Schools and universities also require notarized documents, especially for international students. Notaries verify transcripts, diplomas, and other educational credentials. This ensures that the documents are authentic and recognized by other institutions and employers.

Shipping and Mailing Services

Another surprising yet significant area where notaries are needed is shipping and mailing services. Places like UPS and FedEx offer notary services for customers who need documents notarized before shipping them. This convenience benefits those who must securely send important legal or financial documents. If you’re looking for a FedEx drop-off point, many of them provide notary services on-site.

Understanding the Importance of Notaries

The demand for notaries spans various sectors, from real estate to healthcare, emphasizing their critical role in ensuring the legality and authenticity of essential documents. Whether you are a homeowner navigating a property sale or a business owner securing a significant contract, the presence of a notary provides invaluable peace of mind. Recognizing the places that need notaries empowers individuals and businesses to conduct their affairs confidently and honestly.

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