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Identifying Signers and Credibility Flashcards

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  1. How can a Montana notary identify a credible witness who is vouching for a signer?

    Answer: Through personal knowledge or an acceptable identification document

    The notary must personally know the credible witness or identify the witness with a passport, driver's license, or government-issued ID.

  2. Which of the following people would be an inappropriate credible witness for a signer in a real estate transaction?

    Answer: The buyer who financially benefits from the document being notarized

    A credible witness should be impartial and have no financial or beneficial interest in the transaction.

  3. A signer presents a foreign passport as identification for a notarization in Montana. May the notary accept it?

    Answer: Yes, a foreign passport current or expired within 3 years is acceptable

    Montana law treats a passport, including a foreign one, as satisfactory evidence if current or expired not more than 3 years.

  4. A tribal member presents an ID card issued by a federally recognized tribal government that includes her photo and signature. How should the Montana notary treat it?

    Answer: It may be accepted as another form of government-issued identification

    Montana permits another form of government identification that is current or recently expired and contains the individual's signature or photograph.

  5. During a notarization, the notary realizes the person signing is her own brother, who is also named as grantee in the deed. What is the primary problem?

    Answer: The notary is disqualified because of a disqualifying interest, not an identification issue

    Identification by personal knowledge is fine, but a notary may not notarize when she or her relative is a party to or benefits from the transaction.

  6. A signer insists the notary accept a clear photocopy of his driver's license because he left the original at home. What should the notary do?

    Answer: Decline, because a photocopy is not an acceptable identification document

    Identification must be based on the original government-issued document, personal knowledge, or a credible witness, not a photocopy.

  7. Why does Montana law require a credible witness to be personally known to the signer?

    Answer: Because the witness's sworn statement substitutes for ID documents, so the witness must actually know who the signer is

    The credible witness's oath replaces documentary evidence, which only works if the witness genuinely knows the signer's identity.