Posted by TN NOtary on 7/14/05 7:29am
Msg #51931

No Picture ID

Need opinions!
The ss tells me the borrower does not have picture ID and what could I use. I believe that it is up to the lender to tell me what they require. Am I wrong? What should I do? Please help!
Tennessee.

Reply by Bobbi in CT on 7/14/05 8:04am
Msg #51939

Use what your State law requires for a notarization. The title company or lender should direct you as to what additional identification they require for their files to be in compliance with the Patriot Act. SS won't have a clue. Each lender & title company sets their own requirements.

Reply by Gerry_VT on 7/14/05 8:06am
Msg #51940

At a minimum, the notary has a responsibiity to meet the requirements of the state where the notary is commissioned. If the state has no particular requirements, the notary must convince him/herself that the signer is who (s)he claims to be. The lender could put in requirements that are more strict than what the state or the notary requires, but the lender does not have to do so.

Reply by TN Notary on 7/14/05 8:20am
Msg #51947

Exactly, and that is my point I just think it is wierd that this borrower does not have a state ID if she doesn't drive. She works and yet does not need a picture ID. I just sent the SS company an email and asked them how they want to proceed. The bwr does have time to get a state ID. The appointment is not until the 21st of July. I just don't feel comfortable.

Reply by Sylvia_FL on 7/14/05 8:44am
Msg #51952

The following "Satisfactory evidence" is taken from the TN handbook for Notaries.
If the borrower doesn't have any of the following, you cannot notarize. As you say, she has ample time to get the identification. Just let her know that if she doesn't have it, you won't be able to notarize.


"Satisfactory evidence" is defined as the absence of any information, evidence
or other circumstances which would lead a reasonable person to believe that
the person making the acknowledgement is not the individual he or she claims
to be, together with any one of the following:

1. The oath or affirmation of a credible witness personally known to the
officer that the person making the acknowledgement is personally
known to the witness. [This should be in the form of an affidavit
discussed earlier.]

2. Reasonable reliance on the presentation to the officer of any one of the
following, if the document is current or has been issued within five
years:

(A) An identification card-or driver license issued by the
Tennessee department of safety; or

(B) A passport issued by the Department of State of the United
States.

3. Reasonable reliance on the presentation of any one of the following,
if the document is current or has been issued within five years,
contains a photograph and description of the person named on it, is
signed by the person, bears a serial or other identifying number, and,
in the event that the document is a passport, has been stamped by the
United States Immigration and Naturalization Service:

(A) A passport issued by a foreign government;

(B) A driver license issued by a state other than Tennessee;

(C) An identification card issued by a state other than Tennessee;
or

(D) An identification card issued by any branch of the armed
forces of the United States.

Reply by Brian/CA on 7/14/05 9:08am
Msg #51967

Exactly! (3) States that the person must have a photo ID and description and signature.

Reply by Ernest_CT on 7/14/05 10:23am
Msg #51989

There are ...

... no decisions to be made if your state's requirements cannot be met. No Positive ID == No Notarial Act. Whether you can use a credibile witness or not is up to your state's law AND the lender's rules. Very cut and dried.

Don't loose your commission trying to make a buck by pleasing the lender.

Reply by TN Notary on 7/14/05 10:57am
Msg #52026

Re: There are ...

Thank you, I feel better for letting them know I could not do it.