| |
 Dear Signing Agents,
You need to REGISTER and have a password to post or reply to discussion topics. Please remember, your password for your listing on 123notary.com is NOT RELATED to and is different from your password on the forum. Your password on the forum can be whatever you want it to be.
|
|
  Be the first person to vote!
| Author |
 Topic  |
|
|
KanDoNotary
Oklahoma
69 Posts |
 Posted - 04/23/2010 : 11:16:44 AM
|
Gosh I didn't realize it had been so long since I posted this. Thank you ladies for your comments.
Renee, as you did, I read all the statutes and information I could find about what is satisfactory ID, and found nothing specific. As I mentioned, I had spoken to the SOS office and was told it should be current.
I have been working with a State Representative to try to change the way the statutes prepare Oklahoma notaries, and had some success in 2008 to make one small change. But the wheels of the legislature grind slowly.
So I've made it my mission to be sure as many people as possible have some current form of ID. People who don't drive can get a non-expiring state-issued ID, and I'm passing out business cards with where they need to go locally. Wish me luck.
Have Seal, Kan Travel! |
|
|
|
Lisa T.
California
391 Posts |
Posted - 02/19/2010 : 12:00:39 PM
|
KanDoNotary: If your state's notary laws only say the ID evidence must be satisfactory and leaves it up to the notary to determine what is satisfactory, then you have lots of liberty. If satisfactory to you is a current ID, then only accept what is satisfactory to you.
Virtually all day to day transactions require a current ID - at the bank, if you are stopped by the police while driving, etc. Even when establishing residency, some companies accept a utility bill or insurance card but it must be current - not 9 months old or 9 years old. They want current. Since it is reasonable, common and acceptable for the ID or satisfactory evidence to be current, then that is what you can require since satisfactory to you means the evidence is current.
The rule in CA is that ID (and the SOS spells out exactly which ID is allowed) is current or issued within 5 years. That's a good model to follow if you are looking for a guideline.
|
Edited by - Lisa T. on 02/19/2010 1:34:26 PM |
|
|
|
Renee
Michigan
549 Posts |
Posted - 02/19/2010 : 02:02:28 AM
|
KanDo - All you can do is follow your state's notarial laws, however - I read through the OK statutes and the Guidebook, and nowhere did I find the requirement for "current" ID. In fact, the statutes are quite broad (particularly in what is NOT spelled out). It appears that OK, like some other states, is putting the criteria for identification up to the personal satisfaction of the notary, and provides no definition.
The Guidebook merely suggests:
"...(i.e., a driver's license or photo ID)"
The actual statute (Title 49/Sec 113) states:
A. In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument. |
|
|
|
Lisa T.
California
391 Posts |
Posted - 02/18/2010 : 5:49:04 PM
|
Today, I met with a lady and her mom at a residential care facility for seniors. The lady needed her mom's signature on a letter. The mom is on hospice but alert and able to sign. I always ask if the person is on heavy meds that affects their ability to sign or their awareness. Daughter assured me mom was good to go. I asked if she had her mom's ID with her and if it was current and she said yes.
I've also experienced the same as you KanDoNotary and told myself that from now on, I would require the caller to read me the signer's ID expiration and issue date - that would make them look at it. When I arrived, the daughter handed me a photocopy of the ID. I told her I needed the actual ID in hand and while perusing the photocopy, I noticed that the ID in fact expired on 2/11/10. It was issued in 2000 - outside of the 5 year period California allows. I failed to ask during the initial phone call...my bad...and it won't happen again.
I felt bad because this lady was on hospice and they needed this letter signed. The lady has been a resident of this facility for 5 years and luckily, two of the staff who take care of her at the facility volunteered to be credible witnesses. This time, it worked out, but in the past there were times when it didn't work out and both myself and the customer wasted our time.
Obviously, there's no way for her to get an updated ID....her daughter said it won't be long, so credible witnesses were in order. The lady was in good spirits, telling me she was ready and was at peace with passing on. It encouraged me.
I'll make sure and remember to ask people to give me both the ID expiration date and the issue date - that will force them to look at the ID and bring attention to the fact that it may be expired. Then we can discuss alternatives before the appointment, instead of scrambling for solutions after the fact. For CA, ID or license, the issue date is under the signature.
I suggest you require the caller to provide the expiration, issue date, zip code .... something from the ID (not the ID number) that forces them to look at the ID or forces them to admit they actually don't have ID. Most people will not immediately remember the issue date. They can recite the other stuff from memory but usually not the issue date. OR, you can just get bold with people and say on the phone: If I arrive at the appt and you do not have current ID, I will leave.
|
Edited by - Lisa T. on 02/18/2010 6:11:46 PM |
|
|
|
KanDoNotary
Oklahoma
69 Posts |
Posted - 02/18/2010 : 1:15:37 PM
|
Not sure why, but lately I've been getting contacted by people who need a notary, but do not have current ID.
In some cases--the woman who had her purse stolen and needed to get her birth certificate to get new ID, but the state required notarized request docs--I ask for as much other identification as is possible. In this case she had an expired DL and employee picture ID, so I was comfortable with that.
But other times they are elderly or infirm with expired DL (oldest was almost 10 years), and needed a POA or similar docs. The SOS mandates that the ID must be current, but there are circumstances...
I'm starting to really become uncomfortable because of the numbers of people contacting me. And they are not connected in any way I can tell; I always ask how they found me and it's been from a variety of the advertising media I use.
How do others handle this? Any feedback would be appreciated.
Have Seal, Kan Travel! |
|
| |
Topic |
|
|
|
| Mobile Notary / Signing Agent Discussion Forum |
© 123notary.com |
|
|
|
Tips for using the forum
The most important feature on the forum is the search box. You can look up a particular word, phrase, name of a company, and see a potentially large list of search results with which you can obtain data. Filters are also valuable. If you want to find popular posts, you can use the number of views filter. You can also see whats new with the active topics link. Email us at info@123notary.com if you need any help using the notary forum.
Resources
The notary public resource page is valuable as it has links to all of the free information pages for notaries. Pages linked to the resource page include a page that teaches you everything you need to know to get the most out of your listing. Another page teaches you all the secrets of getting paid. There is a link to our free list of signing companies. There is also a glossary, learning tools, and much more.
If you are a notary, the free tips we give are invaluable.
Popular pages
If you visit 123notary.com often, you might want to visit some of our most popular pages such as the California notary, Texas notary, Florida notary, and New York notary pages to browse the site. We also have valuable pages for notaries such as the free list of signing companies, and the resource page. Please also visit our get notarized and notarized letter page.
|
| |
ID issues
