Definitions of Terms
Notary Public: A
public official appointed by the California Secretary of State, whose primary
function is to serve as an impartial witness and authenticate the signature(s)
on contracts, deeds, and other legal documents. A Notary is not allowed to provide legal advise or help you understand the content of the documents you are signing.
Mobile Notary
Public:
A Notary Public who travels to your location. We will meet you at a location
that is convenient for you. It could be your home, office or other mutually
agreed upon location.
Loan Signing Agent:
A
Notary Public with training or experience handling loan documents.
Satisfactory
Evidence:
A notary may refuse to notarize your signature if any information, evidence or other circumstances would
lead a reasonable person to believe that the individual is not the individual
he or she claims to be.
The signer must provide:
(a) Paper Identification Documents, or
(b) the oath
of a single credible witness known to both the notary and the signer, or
(c) the oaths of two credible witnesses under
penalty of perjury.
Single Credible
Witness:
The identity of the signer can be established by the oath of a single credible
witness whom the notary public
personally knows. The notary public must establish the
identity of the credible witness by the presentation of paper identification (please
refer to Forms of ID
for a list of acceptable paper identification documents).
Under oath, the
credible witness must swear or affirm that each of the following is true:
(a) The
individual appearing before the notary public as the signer of the document is
the person named in the document;
(b) The credible witness personally knows the
signer;
(c) 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;
(d) The signer does not possess any of the identification documents authorized
by law to establish the signer’s identity; and,
(e) The credible witness does not
have a financial interest and is not named in the document signed.
Two Credible
Witnesses:
The identity of the signer can be established by the oaths of two credible
witnesses whom the notary public does not personally know. The notary public
first must establish the identities of the two credible witnesses by the
presentation of paper identification (please refer to Forms of ID
for a list of acceptable paper identification documents).
Under oath, the
credible witness must swear or affirm that each of the following is true:
(a)
The individual appearing before the notary public as the signer of the document
is the person named in the document;
(b) The credible witness personally knows
the signer;
(c) 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;
(d) The signer does not possess any of the
identification documents authorized by law to establish the signer’s identity; and,
(e)
The credible witness does not have a financial interest and is not named in the
document signed.
