Identification Documents (ID Cards)

Acceptable Identification Documents. Texas requires an  identifying document or card relied on by a Notary to identify a stranger. It must be current and issued by a federal or state governmental agency and must contain a photograph and signature of the bearer (TCPRC, Sec. 121.005).

Among the IDs authorized for use by Texas Notaries are:

• State driver’s and official nondriver’s IDs
• U.S. passports
• U.S. military
• IDs and resident alien IDs or “green cards” issued by the U.S. Citizenship and Immigration Services.

Id’s should have the following: photograph, a physical description a physical description (e.g.,  “brown hair, green eyes”), and a signature of the bearer. Most  government-issued IDs contain all three components.

Identification Documents for Real Estate Transactions.  Effective  September 1, 2011, in addition to the acceptable forms of written  identification listed above, for the purposes of a deed or other instrument relating to a residential real estate transaction, a person’s identity may be proved by a current passport issued by a foreign country (TCPRC Sec. 121.0005 [a][3]).

In addition to conveyance deeds, documents for which a foreign passport may be accepted may include deeds of trust, various affidavits supporting refinance or purchase transactions and powers of attorney for the purpose of conveying real property or executing documents related to real estate loan transactions.

Unacceptable Identification Documents

• Social Security cards
• Birth certificates
• Credit cards

Multiple Identification. While one identification document is sufficient to identify a signer, the Notary may ask for more.

Fraudulent Identification. Identification documents are the least secure of the three methods of  identification, because phony ID cards are common. The Notary will scrutinize each card for evidence of counterfeiting, or for evidence that it is a genuine card issued to an impostor.

Some clues that an ID card may have been tampered with include: mismatched type styles, a photograph raised from the  surface, a signature that does not match the signature on the document, and smudges, erasures, smears, or discolorations. Missing holograms or slightly split edge of the DL / ID are also what I have personally noticed in Texas.

Possible tip-offs to a counterfeit ID card include: misspelled words, a brand new-looking card with an old date of issuance or  two cards with exactly the same photograph.

Some possible indications that a card may have been issued to an impostor include: the card’s birth date or address are unknown to the bearer, all the ID cards seem brand new.

Credible Witness:

In the absence of adequate identification or ‘personally known’, a document signer’s identity may be established by a credible witness. The credible witness must be personally known to the Notary and must personally know the document signer. There should be a chain of personal knowledge from the Notary to the credible witness to the signer. A credible witness may also be relied on to verify a signer’s authority to represent a corporation, partnership, or other entity.

The Notary must administer an oath or affirmation to the credible witness to compel truthfulness: “Do you solemnly swear/affirm that you personally know this document signer to be the individual he/she claims to be?”  The Notary should list the credible witness in the Notary’s official journal (in this order): the legal name and residence street address of the witness. The credible witness is a competent individual who is uninvolved and disinterested in the transaction.   Thus they provide the above acceptable forms of ID and sign the notary’s journal along with you “the signer.”

Before you call!!

We are unable to provide these services if:

The person requiring notarization does not have proper and valid ID and cannot provide witnesses with proper and valid ID to confirm the signer’s identity.

The person requiring notarization is not present to sign.

The person is not mentally competent to sign.

If we are called to a location and the signer is unable to sign, the document is not complete, or other questionable circumstances prevail, you will still be liable for the travel/time fee as agreed when booking the appointment.

Documents: You supply your documents, statements, forms, letters, affidavits, Powers of Attorney, Advanced Health Care Directives, etc. Fill in all blanks but do not sign or date. The notarial portion will be completed and provided if necessary at the time of notarization. A Notary Public is unable to draft, change, or provide legal advice concerning your document. If you have questions, please work with the company or agency who drafted your document or who will be receiving them once they are completed.

Willingness & Knowledge: Every signer must demonstrate a willingness to sign the documents without coercion. He/she must also be aware of what they are signing and understand the significance of the transaction. Documents cannot be notarized if there is any cognitive impairment.

Ability to Communicate: All signers must be able to communicate in English. If a signer does not speak English, please call to discuss. The documents can be in any language. However, the notarial portion must be in English and will be provided as needed.

Thank you for choosing Phoenix Signing Service.

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