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Questions and Answers
What is the primary purpose of a proof of execution by a subscribing witness?
What is the primary purpose of a proof of execution by a subscribing witness?
- To confirm that the person who signed a document is indeed the person named in the document. (correct)
- To allow a notary public to obtain a thumbprint from the principal without their physical presence.
- To grant power of attorney to a subscribing witness on behalf of the principal.
- To verify the accuracy and truthfulness of the content within a document.
In which of the following scenarios is a proof of execution by a subscribing witness NOT permitted?
In which of the following scenarios is a proof of execution by a subscribing witness NOT permitted?
- When the document to be notarized is a quitclaim deed. (correct)
- When a document requiring notarization is a trustee’s deed.
- When a principal is unable to appear before a notary public due to a medical condition.
- When the principal is located in a different state from the notary public.
What is the essential role of a subscribing witness in a proof of execution?
What is the essential role of a subscribing witness in a proof of execution?
- To take responsibility for the financial obligations outlined in the document.
- To provide expert advice on the content and legality of the document being signed.
- To verify to the notary public that they witnessed the principal signing the document and can identify the principal. (correct)
- To act as a legal representative for the principal, making decisions on their behalf.
What is the function of the credible witness in the process of proof of execution by a subscribing witness?
What is the function of the credible witness in the process of proof of execution by a subscribing witness?
Which of the following certifications is made by a notary public upon completing a proof of execution?
Which of the following certifications is made by a notary public upon completing a proof of execution?
Which step is a mandatory requirement for a notary public to perform a proof of execution?
Which step is a mandatory requirement for a notary public to perform a proof of execution?
Mr. Jones needs to have his grant deed notarized, but he is unable to visit a notary. He proposes using a proof of execution with his neighbor as a subscribing witness. Can this method be used for his grant deed?
Mr. Jones needs to have his grant deed notarized, but he is unable to visit a notary. He proposes using a proof of execution with his neighbor as a subscribing witness. Can this method be used for his grant deed?
What specific statement must a subscribing witness make under oath or affirmation to prove the principal's identity?
What specific statement must a subscribing witness make under oath or affirmation to prove the principal's identity?
How is the identity of the subscribing witness established to the notary public in a proof of execution?
How is the identity of the subscribing witness established to the notary public in a proof of execution?
Which type of document is explicitly mentioned as being incompatible with the use of proof of execution by a subscribing witness due to thumbprint requirements?
Which type of document is explicitly mentioned as being incompatible with the use of proof of execution by a subscribing witness due to thumbprint requirements?
Flashcards
Proof of Execution
Proof of Execution
A method where someone (subscribing witness) proves another person (principal) signed a document when the principal can't appear before a notary.
Notary's Role in Proof of Execution
Notary's Role in Proof of Execution
Certifies the subscribing witness appeared, was identified by a credible witness and swore to the identity of the principal.
Steps for Notary in Proof of Execution
Steps for Notary in Proof of Execution
Examine document, confirm credible witness ID, administer oaths, complete journal entry, and attach certificate.
Subscribing Witness
Subscribing Witness
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Principal
Principal
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Restrictions on Proof of Execution
Restrictions on Proof of Execution
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Study Notes
- If a principal has signed a document but cannot appear before a notary public, a subscribing witness can appear to prove the principal signed the document.
Proof of Execution
- A proof of execution proves the identity of the principal, i.e., the person who signed a document.
- A principal cannot swear to the truth of the contents of a document by means of a proof of execution.
- This cannot be used in conjunction with any power of attorney, quitclaim deed, grant deed (other than a trustee’s deed or deed of reconveyance), mortgage, deed of trust, security agreement, or any instrument affecting real property.
- This cannot be used on any document requiring a notary public to obtain a thumbprint from the party signing the document in the notary public’s journal.
Notary Public Certification
- By completing a proof of execution, the notary public certifies:
- The subscribing witness personally appeared before the notary public on the date indicated and in the county indicated.
- The identity of the subscribing witness was established by the oath or affirmation of a credible witness whom the notary public personally knows and who personally knows the subscribing witness.
- The credible witness presented an identification document satisfying the requirements described in California Civil Code sections 1185(b)(3) and (b)(4).
- The subscribing witness proved the identity of the principal by stating, under oath or affirmation, (1) the person who signed the document as a party, the principal, is the person described in the document, (2) the subscribing witness personally knows the principal, (3) the subscribing witness saw the principal sign the document or in the presence of the principal heard the principal acknowledge that the principal signed the document and, (4) the subscribing witness was requested by the principal to sign the document as a witness and that the subscribing witness did so.
Notary Public Requirements
- To perform a proof of execution, a notary public must:
- Examine the document for completeness.
- Confirm the identity of the credible witness, who the notary public personally knows, by examining an identification document described in California Civil Code sections 1185(b)(3) and (b)(4).
- Administer an oath or affirmation to the credible witness swearing to the identity of the subscribing witness.
- Administer an oath or affirmation to the subscribing witness swearing to the identity of the principal.
- Complete a journal entry for the transaction.
- Attach a completed proof of execution certificate to the document.
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