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Lisa T.
California
391 Posts |
 Posted - 10/07/2010 : 8:57:03 PM
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| Well, if I can only have one or the other, the CA DMV will not allow me to renew the ID card. |
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PWinFL
Florida
469 Posts |
Posted - 10/06/2010 : 07:56:39 AM
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quote:
Originally posted by Lisa T.
I have three IDs - a driver's license, a state ID card and a passport. I always recommend people have more than just a driver's license.
According the the Florida Department of Highway Safety and Motor Vehicles (FLhsmv), "As of January 1, 2010, to comply with the Federal Real ID Act, you may no longer have both a driver license and identification card."
I submit that many states have already instituted this provision and those that haven't will be doing so soon.
So getting a second form of ID (i.e., state issued ID card) may not be as easy as it once was.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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Maple
51 Posts |
Posted - 10/05/2010 : 8:44:48 PM
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quote:
Originally posted by Lisa T.
<<<-how easy is it for a person who's ID has been lost or stolen to function until new ID is issued, and how easy is it to apply for the new ID?>>>
I have three IDs - a driver's license, a state ID card and a passport. I always recommend people have more than just a driver's license.
I have three government photo IDs, a DL, a passport, and a Vermont Emergency Management ID. I suppose I really ought to keep the passport in my safe deposit box. I do volunteer work for the Red Cross, providing aid to people who have had house fires and other disasters. I find that few people have a safe deposit box, and have never met anyone who keep a photo ID in a safe deposit box. If they don't grab their wallet on the way out of the fire, they have no ID. Fortunately, the Red Cross lets me use credible witnesses to ID people who need financial aid. |
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jbelmont
California
3106 Posts |
Posted - 10/05/2010 : 8:04:06 PM
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Most of what we post on FB / TW is based on NNA's materials which are nationwide guidelines. If you think a particular post is based purely on CA law, let us know. Credible witnesses are legal in 90% of states by the way. Journals, Seals, and ID laws vary a lot from state to state, so in this respect we focus on CA laws. Sorry, if people don't like some of our opinions also. We are going to try to not repeat unpopular posts in the future and publish more open ended materials, so the notaries can contribute their opinions and local laws. Lets hope the notaries really know their local laws, because they often get hung up on preconceived notions.
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Lisa T.
California
391 Posts |
Posted - 10/05/2010 : 7:20:06 PM
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<<<-how easy is it for a young person to get ID for the first time?>>>
I made an appt at the DMV for both of my sons when they were 16. Only needed their birth certificates.
<<<-how easy is it for a person who's ID has been lost or stolen to function until new ID is issued, and how easy is it to apply for the new ID?>>>
I have three IDs - a driver's license, a state ID card and a passport. I always recommend people have more than just a driver's license. |
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Maple
51 Posts |
Posted - 10/05/2010 : 07:43:23 AM
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quote:
...Now, regardless of personal knowledge, and with fraud and identity theft so rampant,everyone must show ID. I actually believe it's better that signers are required to show ID.
I don't think the question of whether personal knowledge should be allowed can be answered in isolation, nor do I think the question will ever be properly investigated by any state legislature. In my experience legislators usually propose narrow laws on one specific topic without investigating the big picture. In the case at hand, the legislature should study topics such as
-how easy is it for a young person to get ID for the first time?
-since half the population is female, and the majority of them change their name, how easy is it for them to maintain proper control over all their property, business, and licenses despite the name changes?
-how easy is it for foreign visitors, legal immigrants, and visitors from other states to do business in California when they must establish ID?
-how easy is it for a person who's ID has been lost or stolen to function until new ID is issued, and how easy is it to apply for the new ID?
-how easy is it for a crook to pretend any of the above situations apply to him/her?
-how easy is it for a crook to just bypass all the above by ordering an notary stamp for a made-up notary in a state with no requirements for stamp-makers to register, and forge a notarization?
-how easy is it for a crook to go to a craft store and buy what he needs to make a fake notary stamp from scratch?
Only after answering questions like these can a system be created that makes life reasonably difficult for the crooks and reasonably easy for the good guys. |
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Lisa T.
California
391 Posts |
Posted - 10/04/2010 : 7:15:52 PM
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Maple: Yes, other states have their own rules, but many are left to the Notary's interpretation rather than being clear and concise.
CA used to allow personal knowledge, I'd venture to guess that it was abused and eliminated due to rampant abuse. If someone didn't have ID, the Notary could just say they knew that person, whether true or not, continuing with the notarization and collecting the fee. Now, regardless of personal knowledge, and with fraud and identity theft so rampant,everyone must show ID. I actually believe it's better that signers are required to show ID.
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Maple
51 Posts |
Posted - 10/01/2010 : 8:32:03 PM
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quote:
Originally posted by Lisa T.
It's understandable that organizations are unbelievably biased towards CA......few things are left to individual interpretation...
Lisa, California has every right to make rules for its notaries, and it's good they have a manual that clearly explains the laws. The thing is that other states have their own rules, some of which are different from California's. By different, I don't just mean less detailed, I mean contradictory. California says its notaries can't use personal knowledge; I can. California says its notaries, with a couple of narrow exceptions, can't certify copies. I can. California says its notaries need a bond; I don't
If posts were being made to Bearface (which I just invented and named after the California state animal) instead of Facebook, all would be well. But when private organizations involved in educating all notaries in the country (except Louisiana) make posts to Facebook they shouldn't treat California rules as if they applied everywhere. (Louisiana is so different, none of the national notary educations has a prayer of being able to educate Louisiana notaries.) |
Edited by - Maple on 10/01/2010 8:34:54 PM |
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Shannon
California
360 Posts |
Posted - 10/01/2010 : 8:02:33 PM
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Facebook and Twitter posts by 123, while thought provoking at times, other times go too far in their opinions vs. what notary law or good notary practice might allow. My beef is that there is way too much disinformation out there already. When European, Canadian and other countries also inject opinions, the public gets more and more confused. It's no wonder that Joe sixpack really doesn't understand what notaries do. Many believe we have powers that we simply do not have. It is sad but groups like the NNA are little help in educating the public either. When they tout BGC's they add another level of confusion.
As for California, some are just jealous that we surf in the morning, Snow-ski at lunch and water-ski later the same day...and we swing by Disneyland for dinner. Eat your heart out!! ;-)
"A Quick Note"
www.aquicknote.net
Follow me on Twitter:
https://twitter.com/aquicknote |
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Lisa T.
California
391 Posts |
Posted - 10/01/2010 : 6:27:58 PM
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It's understandable that organizations are unbelievably biased towards CA......few things are left to individual interpretation and aside from Louisiana, I know of no other state that has the strict requirements to become a Notary and spells out in detail exactly how we are to perform our duties.
Newbies [period] will ask very, very basic questions, regardless of the state they're commissioned in. Don't know why that's unbelievable.
States that lack a decent guidebook - what's the point of calling their SOS? If it's not written anywhere, their SOS can just make up rules as they go - what good is that? |
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FlaNotary
Florida
59 Posts |
Posted - 09/30/2010 : 6:29:10 PM
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Not only that, but the NNA and many other websites are unbelievably biased towards California notary practices. We are public officials... it is so silly that the office of Notary Public has become a "marketing ploy".
Having to attach a loose certificate to almost every certificate is not the norm in this country, nor are thumbprints in journals. As strict as California's notary laws are, it is unbelievable how many California notaries are on this and other message boards asking very, very basic questions (such as, "Can I notarize a copy of a birth certificate?").
I became a certified signing agent through another website and the course did not use the word "mortgage" at all - only "deed of trust". That does not apply to Florida at all, as "deeds of trust" are virtually non-existent here.
Robert T. Koehler
Notary Public of the State of Florida
State-Approved Official Notary Educator
Commissioner of Deeds in the Bahamas and New Hampshire
Certified Loan Signing Agent
AAWO-Accredited Wedding Officiant
Weddings: www.NotaryWeddings.com
Classes: www.NotaryAcademy.org
Nothing in the foregoing post is to be construed as legal advice. I am not an
attorney licensed to practice law in any state and can not give legal advice or
accept fees for legal advice. |
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PWinFL
Florida
469 Posts |
Posted - 09/30/2010 : 4:00:22 PM
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That's one of my concerns with 123 in general. Not only on Facebook, but also in this forum and on the certification exam. Unfortunately, a lot of things that are allowed and not allowed in CA are just the opposite in other states. Additionally, there are so many ambiguities in most state's laws that attempting to apply one state's policies and practices to a notary from another state is asking for trouble. I always tell notaries that I talk with that their own state's laws, policies, procedures and practices come first and foremost. If they don't have a good notary manual, and many states do not, then put the SOS (or governing authority for notaries) on speed dial.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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Maple
51 Posts |
Posted - 09/30/2010 : 12:48:40 PM
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| That's the impression one would get from looking at the Notary 123 posts on Facebook. Most of the notary tips are written as if California notary laws applied to the whole country. |
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CA is only state with notary laws, right?
