The Expired License and the Neighbor Who Offers to Vouch
Delores, 78, comes to the notary’s insurance office with a warranty deed transferring her mineral interest to a family trust. She wants her signature acknowledged. She forgot her current driver license and instead produces one that expired in 2019; she has no passport or state ID. The notary has met Delores once at a church function but does not know her well enough to say she is personally known. Delores’s neighbor Marcus, who drove her, says he has known her for 20 years and offers to vouch for her. The notary has never met Marcus and cannot verify his identity beyond his word. The deed already has the legal description and grantee filled in, but the notary notices the grantee’s name differs slightly from the trust name in the accompanying paperwork. Delores is pleasant but seems confused about the difference. The notary’s seal and commission are current.
1. May the notary treat Delores’s expired driver license as satisfactory evidence of identity? Explain.
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No. Oklahoma requires satisfactory evidence of identity before an acknowledgment: a current government-issued photo ID, personal knowledge of the signer, or a qualifying credible witness. The 2019 license is expired, so it does not establish current identity. The notary’s single church meeting is not personal knowledge; personal knowledge means an acquaintance sufficient to rule out an impostor. The notary should not accept the expired card merely because it looks like Delores or because she seems honest.
2. Can Marcus serve as the credible witness who identifies Delores?
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No. A credible witness must be personally known to the notary and must also personally know the signer. Marcus is a stranger to the notary, so the notary cannot swear to Marcus’s reliability or identity. If Delores brought someone the notary personally knows and trusts, and that person knows Delores, the notary could consider that route. Marcus does not qualify, and the notary should not simply accept his assurance because he drove Delores to the office.
3. What should the notary do before completing any certificate, including the name discrepancy?
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The notary should decline to notarize until satisfactory evidence is produced: a current ID, a proper credible witness personally known to the notary, or actual personal knowledge. Separately, the name discrepancy is a document-content issue. The notary should not interpret the trust paperwork, choose the ‘right’ name, or correct the deed. The notary may point out the difference and ask Delores to confirm with her attorney. If Delores appears confused about what she is signing, the notary should decline and refer her to counsel. The certificate must be completed only after the act, with the actual date.