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When You Can’t Use a Subscribing Witness

A proof of execution by subscribing witness cannot be used in conjunction with any Deed of Trust, Mortgage, Security Agreement, Quitclaim Deed, or a Grant Deed Document.   (KS70-GC27287)

felony acts

A felony is a crime which is punishable with death or by imprisonment in the state prison.  
Every other crime or public offence is a misdemeanor except those offences that are classified as
 infractions.  REMEMBER THIS FOR THE TEST!

A notary public who knowingly and willfully with the intent to defraud performs any notarial act in relation to a deed of trust on real property consisting of a single-family residence containing not more than four dwelling units with knowledge that the deed of trust contains any false statements or is forged in whole or in part, is guilty of a felony. 
Government Code 8203.5  (KS82-GC14.2)

Subscribing Witness Requirements
(KS68-CCCP1935 & GC8206 &CC1195)      

1.      Under Oath, the subscribing witness must be able to say that (s)he EITHER SAW the 
      principal sign the document(s), or if the subscribing witness did not see the principal sign the
     document(s), the subscribing witness must be able to say under oath the (s)he HEARD the
     principal acknowledge that (s)he signed the document. (Code of Civil Procedure Section 1935)

2.     The subscribing witness must also swear that the principal (signer) requested that the 
      subscribing witness sign the document as a witness.

Example 1:  Your friend, Paula Washington from Granite Bay, California, is in the hospital.  She tells you that she signed a document and asks you to sign it as a witness.  She then asks you to have it notarized. You sign the document as a witness as requested.  You then take it to a notary public that personally knows you, Brenda Wesley.  Brenda places you under oath and you swear or affirm that Paula told you that she had signed the document, that you personally know Paula to be the person who signed the document; that Paula requested that you sign the document as a witness; and you did sign as a witness.

Explanation:  Paula is the principal, since Paula executed the document.  You are the subscribing witness, since you signed the document as a witness to Paula’s signature. Brenda, the notary public, will notarize your signature without asking for your identification because she knows you personally.
 

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