We have a refinance in Washington. The signer lost his ID and only has a picture of it on his cell phone.
We understand this cannot be accepted; however, the signer is able to produce 2 credible witnesses. Does the Notary and/or signer need to fill out any special form to proceed with the 2 credible witnesses for Washington? — J.R., Washington
Yes; here is the applicable statute: “… By a verification on oath or affirmation of a credible witness personally appearing before the officer and personally known to the officer and who provides Satisfactory Evidence of his or her identity as described in (a) of this subsection” (RCW 42.45.050[2]).
This statute requires a “verification on oath or affirmation” for a credible witness. This is notarial act (see RCW 42.45.010(8)) with its own notarial certificate form (See RCW 42.45.140(3)). This means there must be a document that the credible witness states, swears to, and signs that they know the individual they are identifying.
For information on rules and procedures for other states, please see our article and video on credible identifying witnesses.
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 consultants to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 5 a.m. to 6 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.