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What Would You Do: The case of the copied ID

An elderly couple appearing concerned with a notary present.

To boost your knowledge of Notary standards of practice, the NNA presents a situation based on a real-life Notary case and asks the question: What would you do?

A husband and wife contact you and ask if you can notarize their signatures on documents to purchase a condominium. However, when you meet with the couple and they ask you to notarize the wife’s signature, she apologizes. She doesn’t have her official ID but offers you a photocopy of it as an alternative method of identification.

While looking at the photocopy, you notice the identifying information is dated from 30 years ago and expired. To make matters more confusing, the signer looks quite a bit younger to you than what you expect from the date of birth indicated on the ID copy.

The signers apologize because the ID photocopy isn’t very good, and the wife explains she looks different because it’s old identification information. They ask if you can go ahead and complete the notarization for them anyway since this is an important purchase for them.

What would you do?

Is the photocopy satisfactory as proof of identity, and does the signer’s explanation that it’s an old copy seem reasonable? Or are the discrepancies a red flag? How would you handle this situation? Would you agree to the notarization, refuse the notarization, or choose another option?

Share your answers in the comments section below. We may mention your response in next week’s Bulletin article, when we offer the recommended answer to this notarial challenge.

David Thun is the Editorial Manager at the National Notary Association


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3 Comments

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Kim M

08 May 2024

Several red flags here would require me to refuse to notarize until I could sufficiently establish the identity of the wife. The ID must be the actual ID and not a copy, it's too long ago expired, and the physical appearance of the potential signer doesn't match the age stated on the ID. The husband can't be a credible witness as he has an interest in the document being signed, and I don't have personal knowledge of them. I would recommend she bring an acceptable ID, then make an entry in my journal that I refused.

colleenstringfellow@gmail.com

08 May 2024

This scenario from the start raised multiple flags for me. That being said, I would not complete the notarization if all the signer had was a photocopy of an outdated ID. I would also follow my state laws as they pertained to outdated IDs and other options allowing me to complete the notarization.

Sandra Thomas

13 May 2024

Red flags indeed! Copies lack special features issued, copies are easily manipulated and could pose potential legal issues. In addition to expiration concern. I would ask the signer if they could provide the original. If not, I would explain the requirement and reschedule, if possible or cancel.

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