Florida Affidavit with Signature by Mark made by Someone Unable to Write with Witnesses

State:
Multi-State
Control #:
US-00489BG
Format:
Word; 
Rich Text
Instant download

Description

The following form is an affidavit by a person who is unable to write due to being illiterate or physically unable to write his or her name.
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FAQ

The witnesses are only verifying that they witnessed the individual make his or her mark on the document. A notary public is not required to identify the two persons who witnessed the signing by mark or to have the two witnesses sign the notary public's journal.

Draw a signature line, putting the signer's first name on the left end of the line, and the signer's last name on the right. Underneath write ?(His/Her Mark).? The signer makes his or her mark as close to the space provided as he or she is able.

What is a signature by mark? A signature by mark is an alternative to writing a full signature. The signer instead makes a mark (such as an "X") or other symbols on the document. Under the laws of many states, a mark is considered a signature and is treated as such.

-A signature by mark has the same intent as any signature on a document. Signature by Mark Defined. -A signature by mark is when someone signs a document by making a mark rather than signing his or her name. -To be regarded as a signature, the mark should be witnessed by two persons other than the Notary.

Typically, you will see the title clerk sign as one of the two required witnesses and then notarize the document signer's signature. In addition, a Florida court has held that "there is nothing to prevent a notary from also being a witness." See Walker v. City of Jacksonville, 360 So.

Signature by Mark Defined -A signature by mark is when someone signs a document by making a mark rather than signing his or her name. -To be regarded as a signature, the mark should be witnessed by two persons other than the Notary.

An X-mark signature is made by a person in lieu of an actual signature. Due to illiteracy or disability, a person may be unable to append a full signature in name to a document as an attestation that its content has been reviewed and approved. In order to be legally valid, the X-mark signature must be witnessed.

The signer should make the mark between the first and last name. The notary then prints the words "His (or Her) Mark" below the person's signature mark. The witnesses shall also sign the document with the designation, ?Witness: Signature of Witness ?.

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Florida Affidavit with Signature by Mark made by Someone Unable to Write with Witnesses