Nebraska 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

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.

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.

Failing to require signers to be present at the notarization is the number one claim of misconduct against Notaries.

A witnessed or attested signature is you - the notary's - statement that a customer signed a document in your presence. The customer does not take an oath or affirmation and does not acknowledge his or her signature.

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.

An acknowledgment is the customer's declaration, with you as a witness, that the customer signed a document, meant to sign the document, and knew why he or she was signing the document. A witnessed or attested signature is you - the notary's - statement that a customer signed a document in your presence.

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 witnesses signature can be useful for evidentiary purposes. If a party to the agreement later says they did not sign, the person who witnessed the party signing can be called to confirm it. The witness can confirm that the specific person signed and that that was the signature they made.

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