MT Notary Identifying Signers and Credibility 3 — Questions and Answers
Question 1: How can a Montana notary identify a credible witness who is vouching for a signer?
- Through personal knowledge or an acceptable identification document (Correct answer)
- Only through personal knowledge
- Through the signer's introduction of the witness
- A credible witness never needs to be identified
Correct 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.
Question 2: Which of the following people would be an inappropriate credible witness for a signer in a real estate transaction?
- The buyer who financially benefits from the document being notarized (Correct answer)
- A longtime coworker of the signer with no stake in the deal
- The signer's neighbor of 15 years who is not a party
- A family friend personally known to the notary and the signer
Correct 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.
Question 3: A signer presents a foreign passport as identification for a notarization in Montana. May the notary accept it?
- Yes, a foreign passport current or expired within 3 years is acceptable (Correct answer)
- No, only U.S.-issued documents may be used
- Yes, but only if a credible witness also appears
- Only if it has been stamped by U.S. immigration authorities for entry
Correct 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.
Question 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?
- It may be accepted as another form of government-issued identification (Correct answer)
- It must be rejected because it is not a state ID
- It may be used only alongside a credible witness
- It is acceptable only for tribal land documents
Correct 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.
Question 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?
- The notary is disqualified because of a disqualifying interest, not an identification issue (Correct answer)
- The notary cannot personally know a signer she is related to
- Relatives can never be identified by personal knowledge
- There is no problem as long as the brother shows ID
Correct 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.
Question 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?
- Decline, because a photocopy is not an acceptable identification document (Correct answer)
- Accept it if the photocopy is in color
- Accept it if the signer swears the copy is genuine
- Accept it and note 'copy of ID' in the journal
Correct 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.
Question 7: Why does Montana law require a credible witness to be personally known to the signer?
- Because the witness's sworn statement substitutes for ID documents, so the witness must actually know who the signer is (Correct answer)
- So the witness can co-sign the document legally
- Because witnesses must live in the same county as the signer
- So the witness can later testify about the document's contents
Correct 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.
MT Notary Identifying Signers and Credibility 3
How can a Montana notary identify a credible witness who is vouching for a signer?