NM Notary Identification and Verification 3 — Questions and Answers
Question 1: For a remote online notarization in New Mexico, identity of a remotely located individual may be verified by:
- At least two forms of identity proofing, such as credential analysis plus dynamic knowledge-based authentication (Correct answer)
- A selfie sent by text message
- An emailed scan of a driver's license alone
- The signer's verbal statement over video
Correct answer: At least two forms of identity proofing, such as credential analysis plus dynamic knowledge-based authentication
Remote notarization requires identity proofing processes such as credential analysis combined with knowledge-based authentication, not informal methods.
Question 2: During a remote online notarization, the notary personally knows the remotely located signer. Is additional identity proofing required?
- No, personal knowledge alone can satisfy identification for remote notarization (Correct answer)
- Yes, credential analysis is always mandatory
- Yes, two credible witnesses must also appear
- No, but the signer must email a copy of their ID
Correct answer: No, personal knowledge alone can satisfy identification for remote notarization
Personal knowledge of the individual remains a valid identification method even when the notarization is performed remotely.
Question 3: A signer presents a New Mexico driver's authorization card instead of a standard license. The notary should:
- Accept it if it is government-issued, current or expired under three years, and bears a photo or signature (Correct answer)
- Reject it because it is not a REAL ID
- Accept it only with a second form of ID
- Reject it because authorization cards are not valid ID
Correct answer: Accept it if it is government-issued, current or expired under three years, and bears a photo or signature
The test is whether the document is government-issued and bears the required photograph or signature, not whether it is REAL ID compliant.
Question 4: A notary's neighbor of fifteen years asks for an acknowledgment but has no ID with her. The notary may:
- Proceed based on personal knowledge of her identity (Correct answer)
- Refuse because an ID document is always required
- Proceed only if she signs an affidavit of identity
- Proceed only after calling another neighbor to confirm
Correct answer: Proceed based on personal knowledge of her identity
Long-standing dealings that give reasonable certainty of identity allow the notary to rely on personal knowledge without any document.
Question 5: Which individual could properly serve as a credible witness to identify a signer?
- A coworker personally known to the notary who also personally knows the signer (Correct answer)
- The signer's spouse who is named in the document
- A stranger who just met the signer in the parking lot
- The lender who benefits from the transaction being notarized
Correct answer: A coworker personally known to the notary who also personally knows the signer
A credible witness must personally know the signer and be known to the notary or provide ID, and should be disinterested in the transaction.
Question 6: A signer offers a laminated Social Security card as identification. The notary should:
- Decline it because it lacks a photograph and signature suitable for identification (Correct answer)
- Accept it because it is federally issued
- Accept it if the signer also states their date of birth
- Accept it only for acknowledgments, not jurats
Correct answer: Decline it because it lacks a photograph and signature suitable for identification
A Social Security card bears no photograph and is not acceptable evidence of identity for notarization.
Question 7: Why does New Mexico law require the notary to determine identity at the time of the notarial act rather than relying on a past verification?
- Because the notary must have reasonable certainty that the person appearing now is the person named in the record (Correct answer)
- Because ID documents legally expire after each use
- Because the journal must contain a new photocopy each time
- Because prior verifications are only valid for jurats
Correct answer: Because the notary must have reasonable certainty that the person appearing now is the person named in the record
Identification protects against impersonation at the moment of signing, so it must be established for each notarial act.
NM Notary Identification and Verification 3
For a remote online notarization in New Mexico, identity of a remotely located individual may be verified by: