Posted by Jan_OK on 12/5/04 10:46am
Affidavit regarding proof of identity
Hello everyone, I am a new signing agent and have come across an affidavit that confuses me, if you could walk me through it I would be grateful. Here is the wording.
_________________, being first duly sworn, on oath, deposes and states as follows:
1. That I am closing agent for the above referenced transaction.
2. That in lieu of photocopying a driver's license or other photograghic identification, I have verified the identity of the borrower(s) by personally viewing their photographic identification.
3. That I have taken the following information fron such idenification cards:
Name(s) as shown on identification: ....
and it continues with proof of identity info. and a jurat at the bottom.
It looks like it wants me to fill out my information and notarize my own hand.
Or get an additional notary to notarize my statements.
like I said I am new (4 signings) and I want to be accurate in what I do.
Please help, and thank you.
Reply by Glena/NV on 12/5/04 11:27am
Sign it, Cross out the jurat, do not affix your seal, and attach a note stating "A notary cannot notarize for himself/herself".
It seems like a document prepared by a notary wanna-be but did not take the time to read a notary handbook.
Reply by Teri-PA on 12/5/04 12:07pm
But in PA we can notarize ourselves (ie. certify)...I choose not to and choose to substitute an acknowledgement identification form...but we can...Just like amazingly we can do an acknowledgement for someone who did not appear before us....(if they were in front of an attorney, that is fine)....So, always, always check out your state laws....you never know what you can or can't do!
Reply by TJ/CA on 12/5/04 7:30pm
Make sure you cross out the "after being duly sworn" part as well.
Reply by sue on 12/6/04 11:52am
...It seems like a document prepared by a notary wanna-be but did not take the time to read a notary handbook...
No, this is a document used traditionally when closing in the lawyer's or title company's office. Someone would sign, someone else would notarize. They just haven't revamped forms for out of office closings. From what I've seen, the ID Affidavit is probably, across the board, the worst document, no matter what the form, no matter who prepares it - the majority of them are no good as we receive them.
Reply by PAW Notary Services on 12/6/04 1:02pm
I certainly agree. Most forms used in the closing package are for in-office, title, settlement or attorney closings. They typically have not been reworded for out-of-office closings which can and does create some headaches for NSA's.
Reply by BarbaraL_CA on 12/5/04 3:25pm
You are not the closing agent.
I would have the borrowers suply copies of their ID's to include with the package, and note on the affidavit that copies of ID's are included.
Reply by Bob-Chicago on 12/6/04 5:25pm
Link to good form
I like the ID aff form on Victoria Rivera's web site
Lots of other neat stuff there also
Reply by PAW Notary Services on 12/7/04 7:47am
Re: Link to good form
>>> I like the ID aff form on Victoria Rivera's web site <<<
My problem with that particular form is that (1) it requires the borrowers signature and (2) requires the document to be notarized. I've seen this form used by a couple of companies and I don't have a problem with it when I am directed to use that form. However, to insert a document into the signing package and then make the determination of which notary certificate to use is beyond the duties of the signing agent and notary public.
I do have my own form that I use when copies of ID's are requested and not available, but I do not get the borrowers to sign it nor is it notarized. The information is "certified" by the signing agent (not a notary public) and has been accepted by title companies and lenders in the past.