Chapter 5: How Can I Get Something Notarized Without Proper ID?

Did you know when you’re arrested in California for a DUI the arresting officer takes your Driver’s License and returns it to the DMV?  That’s right.  Even though you’re innocent until proven guilty in a court of law your Driver’s License is taken away.   In exchange you will find a pink piece of paper in your property bag at the jail which is your Temporary Driver’s License for the next 30 days.   Can you use this Temporary License as your ID to get a document notarized?  NO.  See Chapter 2: Proper ID for Notarizing a Document in California.   Did you know you can get a California ID in addition to your Driver’s License thru the California DMV?   The number is the same as your Driver’s License but cannot be used as a Driver’s License.  For the purposes of identification for a notary, cashing a check or even at the airport the state issued ID can be your savior.   The next form of acceptable identification for the purposes of a notary is a Passport.   If you don’t have a Passport prior to losing your Driver’s License the hurdle to climb gets even bigger.  You need proper identification to apply for a Passport.   Getting a DUI is a HUGE nightmare if you don’t have a Passport or California ID.  Fortunately there’s a light at the end of the tunnel if you need something notarized and you don’t have proper ID.  Again, the Secretary of State has made provisions for every scenario when a document has to be notarized.

The Credible Witness or Credible Witnesses are your only saving grace when you don’t have proper identification in California.  So what’s a Credible Witness?   From the California Notary Public Handbook:

“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. (see Chapter 2)  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):

1. The individual appearing before the notary public as the signer of the document is the person named in the document;
2. The credible witness personally knows the signer;
3. 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;
4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity;
5. The credible witness does not have a financial interest and is not named in the document signed.”

What happens if you don’t know anyone that can act as a Credible Witness that personally knows a Notary Public?   No worries.  The Secretary of State has built-in a way to get this notary completed by allowing for TWO Credible Witnesses.    The identity of the signer is established by the oaths of two people who can act as Credible Witnesses.   The Credible Witnesses must show their proper identification (Driver’s License, Passport, government issued ID, same as the identification required for notarizing a document) and under oath they must swear under penalty of perjury the same 5 things stated above.  A Credible Witness is someone who you’ve known long enough that can swear to your identity.   The Credible Witnesses will sign the Notary Public Journal which establishes the identification used for a signer of a document notarized.

The lesson in this chapter is that you can get any document notarized if you have proper identification or credible witnesses to establish your identity.   As far as taking a commercial flight or cashing a check without your Driver’s License?   I can’t help you.   I strongly suggest that everyone reading this chapter go online to http://dmv.ca.gov/dl/dl_info.htm#idcard    To apply for an ID you will need to do the following:

1. Visit a DMV office  (go online and make an appointment)
2. Complete an original DL 44 form
3. Give a thumb print
4. Have your picture taken
5. Provide your Social Security number
6. Verify your date of birth
7. Pay the application fee  (No fee for senior citizens)
8. Make sure the address is correct on the application because your ID will be mailed to this address in 60 days

If your wallet is stolen, you misplace your Driver’s License or you’re arrested for a DUI in California,  a California ID will be your saving grace the next time you need to travel, cash a check or have a document notarizied.

Chapter 4: Signature by Mark

What happens when someone is injured in an accident or suffered a stroke and they cannot sign their name on a document that needs to be notarized?   The Secretary of State has made provisions for every possible scenario so a Notary Public can perform their duties notarizing documents.   (Civil Code section 14) “When the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark.”    Translation: The signer must be able to make a mark where their signature would be if they were able to sign their name.

Example of a mark: X

Here’s the list of requirements for a “Signature by Mark:”

• The person signing the document with a mark must be identified by the Notary Public.  See Chapter 2 (Proper ID for Notarizing a Document in California)
• The signer’s mark must be witnessed by two people who must sign their own names as witnesses on the document.
• Witness #1 will write the person’s name next to the mark and then sign their own name as a witness.
• Witness #2 will sign their name next to Witness #1

Do the witnesses need to identify themselves with proper ID like the signer of the document?   No.  Can the staff at the hospital act as witnesses?  No.  Most medical facilities forbid their employees from signing any legal documents for patients.   If you know your loved one cannot sign their name make sure you have 2 witnesses present before the notary arrives.   A notary public cannot act as a witness to a document if they’re notarizing the document.

Witness #1 is required to write the name of the signer next to the mark in the Notary Journal and then sign their name as Witness #1 in the journal.   Performing a Signature by Mark notary can be time-consuming for everyone involved because the documents have to be altered for the witnesses to sign the document.   This is why I always carry a ruler in my briefcase.   Drawing a straight line with a ruler keeps the document neat and legible.

How often are documents notarized with a Signature by Mark?   Not very often for most notaries that work in postal type stores.    As a mobile notary public for the past 13 years I can safely state I’ve performed dozens of Signature by Mark notaries.  Each time my services are requested to complete a Signature by Mark notary I always refer back to the Notary Public Handbook issued by the Secretary of State.    The notary laws change every year in California and it’s the responsibility of the notary to make sure documents are notarized properly.   If you can’t remember how to perform a notary properly check the Notary Public Handbook before completing the notary.   When a patient in the hospital needs an Advance Health Care Directive or any important legal document notarized, making a mistake isn’t an option.   There might not be a second chance to get this document or any documents notarized again.

Chapter 3: Notary Fees

Every call I receive for a notary the same question comes up in the first few seconds.  “How much do you charge to notarize a document?”  The answer is actually the law in California. Government Code section 8211 specifies the maximum fees that a notary public can charge.  So without further adieu here’s the Fee Schedule:

• For taking an acknowledgement or proof of a deed, or other instrument, to include the seal and the writing of the certificate, the sum of fifteen dollars ($15) for each signature taken.
• For administering an oath or affirmation to one person and executing the jurat, including the seal, the sum of fifteen dollars ($15).
• For services rendered in connection with the taking of any deposition, the sum of twenty dollars ($20), and in addition thereto, the sum of five dollars ($5) for administering the oath to the witness and the sum of five dollars ($5) for the certificate to the deposition.
• NO FEE may be charged to notarize signatures on vote by mail ballot identification envelopes or other voting materials.
• For certifying a copy of a power of attorney under Section 4307 of the Probate Code the sum of fifteen dollars ($15).
• In accordance with Section 6107, no fee may be charged to a United States military veteran for notarization of an application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran’s benefit.

In addition to the fee charged for the notarization of the document a notary may charge a reasonable travel fee when the notary must travel to the document signer. A Notary has the discretion to charge more for their “travel expense” if the notary is after business hours, weekends or holidays.  However, the charge for the actual notarization of the document is not discretionary. If a notary quotes a fee in excess of $15 per signature make sure the additional fee is for the travel and not the actual notary. What happens if you believe you were overcharged for a notarization of a document?   You have recourse.   The Secretary of State provides all commissioned notaries in the State of California with a handbook which has all the laws we must follow including the fee schedule.  If a notary breaks the law by charging more than $15 per signature a complaint can be filed with the Secretary of State.  Disciplinary action will be taken against a notary that breaks the law by overcharging for a notary fee.

http://www.sos.ca.gov/business/notary/file-a-complaint.htm

http://www.sos.ca.gov/business/notary/forms/complaint-form.pdf

What will happen to the Notary Public for overcharging for notary fees?  The fine is $750 and the commission can be Suspended or Revoked depending on the outcome of the investigation by the Secretary of State.

What about loan documents for the sale or purchase of a home?  During the mortgage boom a specialized notary title was created called a Notary Signing Agent.  I completed the class where we were taught about all the documents we would encounter during a loan document signing.   In addition to Notary Signing Agent I completed a course to become an Independent Loan Closer.  When it comes to how much is charged for a set of loan documents a flat rate system was created to avoid excessively high fees for the signing and notarization as well as the amount of time involved, 1-3 hours when signing loan documents.  Many Signing Agents charge a flat rate in the range of $125 to $300 which includes the travel fee. When you need a set of loan documents notarized I recommend finding a Notary Signing Agent that’s willing to meet you somewhere you can sit in a quiet environment.  Taking your set of loan documents to a local postal store can turn into a headache.  The environment in most cases isn’t private and not very quiet.  You’ll need to be sitting down since there’s so many documents that need to be signed, initialed and notarized.  All it takes is ONE error and the sale of a home or refinance of your mortgage could be in jeopardy.  The notarized documents cannot be recorded if there’s any mistakes.   If you need a set of loan documents notarized take the extra time and find a Notary Signing Agent.  You won’t be sorry.  Speak to the actual notary you’ll be working with rather than calling a 3rd party service that calls any notary with or without the proper training.   Ask the notary how many loan signings they’ve completed.  If you asked me that question I’d tell you over 1,000 since 2003.  The next time you have a document that needs to be notarized ask the notary what they charge and make sure the fee for the signatures does not exceed the law in California.