Posted by Giselle_CA on 7/7/05 12:03pm
Msg #50277

Question reg Name on ID

Name on ID says Jane Joan Doe. The name on document says Jane Doe. On acknoledgment goes Jane Joan Doe or could be just Jane Doe?

Reply by Giselle_CA on 7/7/05 12:11pm
Msg #50281

The reason I am asking is an SS is asking me to write her name as Jane Doe on the acknowledgment. But, on the ID it says her full name as Jane Joan Doe. I have always notarized the acknoledgment with the exact name as it appears on the ID. Any suggestions? TIA?

Reply by Anonymous on 7/7/05 12:13pm
Msg #50283

Write her name on the ack the way it appears on the document, not the ID.

Reply by Ernest_CT on 7/7/05 12:23pm
Msg #50291

The ID versus the document falls under the "More but not less" doctrine. If the ID has more info than the document, great. It just can't have less.

When you make your JOURNAL entry, put the name as it appears on the ID. When you do your NOTARIAL ACT, put the signer's name as it appears on the signed document.

Reply by Giselle_CA on 7/7/05 12:35pm
Msg #50298

Re: Question reg Name on ID Thank you, Ernest.

Yes, I know about the more not less rule, but I had applied it only to name on documents. On the certificates I would write the name as it appears on the DL the signer presents me with and of course on the journal too.

Reply by PAW_Fl on 7/7/05 12:23pm
Msg #50290

You are notarizing her signature, not her ID. Therefore, your acknowledgment (or jurat) should indicate the name as it appears in the signature, which should be the way the name appears on the document. Of course, the name must be same as or at least contained in the name on the acceptable form of ID used.

Reply by Ernest_CT on 7/7/05 12:25pm
Msg #50292

Ah! Great way to put it! "contained in" n/m

Reply by Giselle_CA on 7/7/05 12:28pm
Msg #50294

Re: Question reg Name on ID Thank you, Paul.

I have always placed the full name as shown on the id without having any problems in the past. I know that as long as the Id shows more not less than the name on document is ok. However, I thought the name on the certificate had to matched the name on id. Well, we never cease to learn. Thanks again.

Reply by JanetK/CA on 7/7/05 2:07pm
Msg #50328

Re: Question reg Name on ID Thank you, Paul.

To take PAW FL's comments one step further, your journal is a record of the transaction (at least in CA), so I always record the name (and have them sign) as it was done on the documents.

Reply by Ernest_CT on 7/7/05 2:59pm
Msg #50341

Sorry, I disagree.

Your journal is your record. The documents are the documents. On several occasions I have had to make notes in my journal that the ID said "John Smith Doe" and the documents said "J. Smith Doe", or something similar. The name entry in your journal should match the ID you saw. Nothing more, nothing less. If there are name differences between the ID and the document(s), that's what the "Comments" section is for. (Obviously the documents and ID should not clash! As Paul said so well, the name on the document should be contained in the ID name.)

Reply by Iris_WA on 7/7/05 3:56pm
Msg #50354

Another "country" being heard from here! When I worked at the TC, I frequently had individuals who would sign habitually using a middle initial, since they were businesspeople who were used to signing lots of documents that way.

My then-Escrow Manager at the TC we worked for said "more is always better than less," but applied it somewhat differently than I'm understanding PAW_Fl to be saying. In this context, she said if they refused to sign as Jane Doe, and insisted on signing as Jane I. Doe, then that was okay, and just to be certain to include the middle initial version in the Name/Signature Affidavit (both printed and signed form).

I'm sure I did that on hundreds of transactions and never heard back from anyone that there was a problem. Of course, this is Washington, and you're in another state -- I honestly don't know if laws differ that much on this score and/or if I had misunderstood. ???

However, in my own business as an NSA now, if someone signs habitually WITH an initial when the documents don't bear one, I politely request them to resign above the first signature without the initial .... after a few times, they get it and don't need to be reminded. (And if there is provision for it in the Name/Signature Affidavit, I add this variation of their name if it doesn't already appear on that document.)

Reply by Kauai PAm on 7/7/05 9:35pm
Msg #50431

Even though I live in Hawaii, the lenders I deal with are all over the country. I was an escrow assistant for a while, too.

My understanding is that the borrower sign his/her name EXACTLY as it is typed under the signature line (unless, of course, it is spelled incorrectly), regardless of how they "normally" sign. This is particularly important for any documents that are going to be recorded like a deed or mortgage. They must also sign your book exactly as it's printed on the documents being notarized. You can then make a note in your book as to the name on the DL, as well as the address on the DL, the issue date, expiration date and birthdate.

If they wish, they can put their "normal" signature on the Name Affidavit. I've never had a problem with that. What I would suggest is that, if the borrower still balks at signing their name the way it appears on the document, have them call their lender.

Reply by Ernest_CT on 7/8/05 4:59am
Msg #50522

Sorry, Pam, but we're going to argue.

Please see my post "Sorry, I disagree" earlier in this thread.

The journal entry must match the ID, not the documents. The ID name is the way we IDentified the signer. The way the signer signs the document should match (within [legal] reason) the way the signer's name is pre-printed on that document. UNLESS the pre-printed name has an obvious flaw. Then it's phone call time.

Again, HI may be different from CT. I'm not giving legal advice. Actual mileage may vary. Void where prohibited.

Reply by SarahBeth_CA on 7/8/05 1:06pm
Msg #50589

Re: Sorry, Pam, but we're going to argue.

Reguarding the signature in the journal. Gov. code 8206 (c) The signature of each person whose signature is being notarized.
Not to long ago I had one where the ID's printed name was Mary Jane Doe. The way it was signed was M. Doe. I tell the borrower to sign as thier name appears on thier DL. She signed as it was printed on her DL. When I compared signatures the I saw the difference. I had her sign just above that the way she signed her DLand initial. I hadn't had this happen yet and it made me think twice about what the proper thing to do in CA is. I think it should be as the ID is signed. My instruction to the borrower should be "sign as you have on your ID in the journal please". Your thoughts please..