Posted by Melissa-CA on 6/4/05 12:43am
Msg #42246

Maiden name on document vs. id

I am getting ready to notarize a Quit Claim Deed, but it has the Maiden Name of the person vs. her name now or on her ID. What are my options? Affidavit? If so, where can I down load one for the State of California? Thanks.

Reply by CaliNotary on 6/4/05 12:45am
Msg #42249

2 credible witneesses is an option.

Reply by JanetK/CA on 6/4/05 12:57am
Msg #42251

FYI, the Affidavit is for the lender's use, not ours, and doesn't negate the CA notary laws for how to identify someone. I agree with what CaliNotary said (as usual). Also, providing documents for a borrower is UPL. In the general info section of the CA notary Public Handbook (from the SOS, not NNA!), under "Acts Constituting the Practice of Law" it says the following:

"Among the acts which constitute the practice of law are the preparation, drafting, or selection or determination of the kind of any legal document, or giving advice with relation to any legal documents or matters."

Reply by Ted_MI on 6/4/05 6:14pm
Msg #42382

Melissa,

I had that exact same situation two or three days ago. I know the wife's maiden name was on the mortgage. Most of the other documents as I recollect had her married name on them. I had called the signing service to inquire as to how they wanted me to have her sign the release of dower rights and release of homestead rights forms as there were no names on those. I was instructed to have her sign her maiden name, although I was told that even if she had signed her married name there was an identity affidavit, so that would have taken care of it.

As far as identification issues, from prior experience I was aware that the ss or i guess it was the bank had a pretty flexible policy, basically if the notary was satisfied. And she did have a current drivers licesnse, admittedly with her married name on it.