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Section 147.07 | Powers - jurisdiction. In taking depositions, a notary public shall have the power that is by law vested in judges of county courts to compel the attendance of witnesses and punish them for refusing to testify.
The seller MUST personally appear, ensure all sections are completed, show ID, be sworn, and sign the title in the presence of a notary public. A seller who cannot appear may complete a BMV Power of Attorney form, authorizing another party to sign on their behalf before the notary.
A subscribing witness is a person who witnesses the signatures on a document and signs it at the end, indicating that such a person has witnessed those signatures. [Last updated in September of 2021 by the Wex Definitions Team]
The NNA always recommends that in cases in which a document must be witnessed and notarized, the Notary serve as either a witness or Notary, but not both.
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.
There is a huge misconceptions that if individuals go and get a document notarized everything is good, but that is not the case because the notarized document is not a court order, it is an agreement between the parties, but ultimately it cannot be enforced because it is not signed off by a judge.
JURAT CERTIFICATE Sworn to or affirmed and subscribed before me by __________________ (name of person making oath/affirmation) on this date of _______________ (date).
Generally, this is not recommended. Witnessing a document may require you to sign the document, which could create a conflict of interest if you are asked to notarize other signatures on the same document. You may act as a document witness, but this is not a notarial act.