I have been asked to notarize a grant deed for a signer who does not have valid ID. Her passport expired more than 5 years ago, and she is unable to locate her driver’s license. Can I use 2 credible witnesses if I do not know the signer? — K.V., California
Yes. According to California Civil Code section 1185, when a signer is unable to present reliable ID cards, that signer may be identified on the oath or affirmation of 2 credible witnesses who present state-approved identification.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.