Underwriting Q&A: What types of identification may a notary rely upon in performing an acknowledgment notarization?

30 Jun

Underwriting Q&A: What types of identification may a notary rely upon in performing an acknowledgment notarization?

TEXAS

A:            Section 121.005 of the Texas Civil Practice and Remedies Code governs the type of ID that can be accepted by the notary public.

Sec. 121.005.  PROOF OF IDENTITY OF ACKNOWLEDGING PERSON.

  (a)  An officer may not take the acknowledgment of a written instrument unless the officer knows or has satisfactory evidence that the acknowledging person is the person who executed the instrument and is described in it.  An officer may accept, as satisfactory evidence of the identity of an acknowledging person, only:

(1)  the oath of a credible witness personally known to the officer;

(2)  a current identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person; or

(3)  with respect to a deed or other instrument relating to a residential real estate transaction, a current passport issued by a foreign country.

  (b)  Except in a short form certificate of acknowledgment authorized by Section 121.008, the officer must note in the certificate of acknowledgment that:

(1)  he personally knows the acknowledging person;  or 

(2)  evidence of a witness or an identification card or other document was used to identify the acknowledging person.

Underwriting Note:  The Mexican Matricula Card is not an acceptable form of identification for notarization of an acknowledgment.  Please contact the underwriter and lender to determine if a jurat may be substituted for the acknowledgment on the pertinent document since the form of acceptable ID can vary. 

In the event that an oath of a credible witness is being utilized for identification purposes, the witness should personally know the signatory (person executing the document) as well as the notary and an affidavit should be obtained from the witness to confirm that they personally know the signatory and notary public. 

FLORIDA

Florida Statute 117.05  requires that a notary personally know or has satisfactory evidence that the person whose signature is to be notarized is the individual who is described in the instrument and who is executing the instrument.   Florida law further requires that the notary certify the specific type of identification upon which the notary reviewed.   The following forms of identification are acceptable:

  1. State issued Identification Card or Driver License;
  2. A passport issued by the Department of State of the United States;
  3. A passport issued by a foreign government if the document is stamped by the United States Bureau of Citizenship and Immigration Services;
  4. A driver license or an identification card issued by a public agency authorized to issue driver licenses in a state other than Florida or in a territory of the United States, or Canada or Mexico;
  5. An identification card issued by any branch of the armed forces of the United States;
  6. A veteran health identification card issued by the United States Department of Veterans Affairs;
  7. An inmate identification card issued on or after January 1, 1991, by the Florida Department of Corrections for an inmate who is in the custody of the department;
  8. An inmate identification card issued by the United States Department of Justice, Bureau of Prisons, for an inmate who is in the custody of the department;
  9. A sworn, written statement from a sworn law enforcement officer that the forms of identification for an inmate in an institution of confinement were confiscated upon confinement and that the person named in the document is the person whose signature is to be notarized; or
  10. An identification card issued by the United States Bureau of Citizenship and Immigration Services.

If the identification enumerated above is not current, the identification may still be relied upon so long as it was issued within five years from its reliance.  It is important to note, there are additional requirements not discussed pertaining to notarizations taking place through remote on-line notarization.     

COLORADO

In Colorado acceptable forms of ID really vary from underwriter to underwriter.  Some underwriters are stricter than others.  The general consensus is that an unexpired government issued photo ID is acceptable.   

Write a Reply or Comment