The Identification Card That Doesn't Quite Match
A notary, Helen, is notarizing a deed of trust for a borrower, Mr. Nakamura. He presents a California driver's license. The photo resembles him, the name matches the deed, and the license is not expired. However, Helen notices the license has a small corner clipped and a hole punched near the top - features she associates with a canceled or invalidated license. Mr. Nakamura explains he recently replaced his license after losing it, found the old one, and is using it because the new one hasn't arrived. He offers a credit card and a Costco membership card as backup. Helen is under time pressure because the lender's courier is waiting. The deed of trust is for $340,000.
1. Is the clipped, hole-punched license satisfactory identification? Analyze what makes identification 'satisfactory' under notary practice.
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Probably not. Satisfactory identification requires the notary to reasonably believe the ID is genuine, current, and issued by a trusted source, and that it identifies the person appearing. A license that has been physically invalidated - clipped corner, punched hole - bears the hallmarks of a canceled credential. Even if the photo and name match, the notary has reason to doubt the document is valid.
Helen's own observation is the key fact: she recognized the features as indicating cancellation. Once she has that doubt, she cannot simply accept the card because the photo looks right. The standard is not 'does the photo resemble him' but 'am I reasonably satisfied this is a valid, current identification.'
The fact that Mr. Nakamura has a plausible story (lost and replaced) does not cure the defect. A canceled license is not a valid ID even if the underlying person is who he says.
2. Mr. Nakamura offers a credit card and a Costco membership card. Evaluate these as alternative identification.
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Neither is adequate on its own. A credit card generally lacks a photograph and is not designed as an identity document; it can be obtained in another's name and does not establish that the bearer is the named person. A warehouse-club membership card is likewise not a government-issued or trusted photographic identification.
California notaries may rely on satisfactory evidence of identity, which commonly includes a current government-issued photo ID, a passport, or other specified credentials, plus, in some circumstances, credible witnesses who personally know the signer. A credit card plus a membership card does not meet that bar.
Helen should not stack weak documents to manufacture confidence. Two unreliable IDs do not equal one reliable ID.
3. What should Helen do given the courier pressure, and what role could a credible witness play?
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Helen should pause the transaction and explain that she cannot accept the invalidated license. She should ask Mr. Nakamura whether he has another acceptable photo ID - a passport, a state ID card, or a military ID - that is current and undamaged. If he does, she can proceed after reviewing it.
If he has none, a credible witness may be an option if the requirements are met: a witness who personally knows the signer and can attest to his identity, with the witness present and the proper journal entries made. Helen should confirm the witness genuinely knows Mr. Nakamura, not merely that a courier or loan officer is standing by. A lender employee with no personal knowledge is not a credible witness.
If no acceptable ID and no qualifying credible witness are available, Helen must decline. The courier's schedule is not a legal basis to accept a canceled license. Declining protects the $340,000 transaction from a later challenge over identity.