The Credible Witness With a Conflict
A notary, Priya, is asked to notarize a deed for a seller, Mr. Lane, who has no photo ID with him. Mr. Lane's business partner, Dale, is present and personally knows Mr. Lane. Dale also has a direct financial interest in the sale: he will receive a share of the proceeds and is a co-owner of an adjoining parcel affected by the deed. Priya considers using Dale as a credible witness to establish Mr. Lane's identity so the closing can proceed that afternoon.
1. Can Priya rely on Dale as a credible witness? What factors matter?
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Priya should not rely on Dale here. Using a credible witness is meant for situations where the signer lacks satisfactory ID but a witness who personally knows the signer can vouch for identity. A witness with a direct financial stake in the transaction has a conflict of interest that undermines the reliability and independence of the identification. Dale benefits from the deed being notarized and recorded, so his assurance is not disinterested.
Priya should decline to use Dale and instead require acceptable photo ID from Mr. Lane or a disinterested credible witness who personally knows him and appears before her.
2. If Priya used Dale anyway and completed the certificate, what is the main risk, and what should she have done differently?
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The main risk is that the identification is unreliable and the notarial certificate is vulnerable to challenge, exposing Priya to liability and undermining the deed. A financially interested witness is a poor foundation for identity assurance.
She should have refused to proceed on that basis: ask Mr. Lane for a current government-issued photo ID, or find an impartial credible witness who personally knows him and is present. Documenting the basis for identity in her journal would also protect her if the act is later questioned.