Signature By Mark

A person who cannot sign his or her name because of illiteracy or a physical disability may instead use a mark – an “X” for example – as a signature, as long as there are witnesses to the making of the mark. For a signature by mark to be notarized, there must be two disinterested…

Yes, A Notary Is A Notary

Yes, a notary is a notary, at least in Texas. Everyone has a different idea of what a notary is to them. I have a couple of thoughts on this. If you are a commissioned notary you can perform whatever notarial acts are allowed by law in your state. You will find references to “notary…

The Signer Must Be Competent!

Along with my earlier discussion about the signer being present, the signer must also be competent. A caller recently requested that I go to a nursing home where his elderly father was living. He indicated that his step-brother was controlling his father’s stuff against his (the father’s) wishes. He said that his father had a…

The Signer Must Be Present!

If you need a notary to acknowledge your identity or take your sworn statement, that means that you (the signer) must be present and present proper and current ID at the time of the signing. I cannot notarize a document if the person whose name is on that document isn’t present. So unless you just…