Posted by aj/ca on 6/21/05 4:43pm
Msg #46573
identificatin question
Notary document drawn as Becky I.D, says Rebecca. Other than credible witnesses is there any way to legally notarize this? I have read on threads here to add aka Rebecca on doc if o.k with ss, title, lender. There is no ss. Borrower called me on her own. lender and Title Co have not called back. Is it legal in CA ,and would you put it after "personally appeared" or "by", wording either "Rebecca Doe aka Becky Doe" or "Rebecca Doe who represented to me that she also is known as" That seems llike a lot to put in the small space. Maybe threads mean to put it elswhere. Can anyone in California help? Signing in 30 min. Thanks so much.
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Reply by Dave_CA on 6/21/05 8:02pm
Msg #46638
Re: identification question
I don't believe that you can use Rebecca as being "more" than Becky but I would be willing to defer to someone with more experience.
With regard to credible witnesses .
My understanding is that if the person has any of the acceptable ID, as defined in section 3 & 4 of the code, then you can't use credible witnesses.
They would have to find a notary who would ID them from personal knowledge or get either their ID or the name on the docs corrected.
Here is the relevant section of the code.
1185. (a) The acknowledgment of an instrument shall not be taken
unless the officer taking it personally knows, or has satisfactory
evidence that the person making the acknowledgment is, the individual
who is described in and who executed the instrument.
(b) For purposes of this article, "personally knows" means having
an acquaintance, derived from association with the individual in
relation to other people and based upon a chain of circumstances
surrounding the individual, which establishes the individual's
identity with at least reasonable certainty.
(c) For the purposes of this section "satisfactory evidence"
means the absence of any information, evidence, or other
circumstances which would lead a reasonable person to believe that
the person making the acknowledgment is not the individual he or she
claims to be and any one of the following:
(1) The oath or affirmation of a credible witness personally known
to the officer that the person making the acknowledgment is
personally known to the witness and that each of the following are
true:
(A) The person making the acknowledgment is the person named in
the document.
(B) The person making the acknowledgment is personally known to
the witness.
(C) That it is the reasonable belief of the witness that the
circumstances of the person making the acknowledgment are such that
it would be very difficult or impossible for that person to obtain
another form of identification.
(D) The person making the acknowledgment does not possess any of
the identification documents named in paragraphs (3) and (4).
(E) The witness does not have a financial interest in the document
being acknowledged and is not named in the document.
(2) The oath or affirmation under penalty of perjury of two
credible witnesses, whose identities are proven to the officer upon
the presentation of satisfactory evidence, that each statement in
paragraph (1) of this subdivision is true.
(3) 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's license issued by the
California Department of Motor Vehicles.
(B) A passport issued by the Department of State of the United
States.
(4) Reasonable reliance on the presentation of any one of the
following, provided that a document specified in subparagraphs (A) to
(E), inclusive, shall either be current or have been issued within
five years and shall contain a photograph and description of the
person named on it, shall be signed by the person, shall bear a
serial or other identifying number, and, in the event that the
document is a passport, shall have been stamped by the United States
Immigration and Naturalization Service:
(A) A passport issued by a foreign government.
(B) A driver's license issued by a state other than California or
by a Canadian or Mexican public agency authorized to issue drivers'
licenses.
(C) An identification card issued by a state other than
California.
(D) An identification card issued by any branch of the armed
forces of the United States.
(E) An inmate identification card issued on or after January 1,
1988, by the Department of Corrections, if the inmate is in custody.
(F) An inmate identification card issued prior to January 1, 1988,
by the Department of Corrections, if the inmate is in custody.
(d) An officer who has taken an acknowledgment pursuant to this
section shall be presumed to have operated in accordance with the
provisions of law.
(e) Any party who files an action for damages based on the failure
of the officer to establish the proper identity of the person making
the acknowledgment shall have the burden of proof in establishing
the negligence or misconduct of the officer.
(f) Any person convicted of perjury under this section shall
forfeit any financial interest in the document.
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Reply by aj/ca on 6/21/05 10:18pm
Msg #46682
Re: identification question
Thanks Dave & Jan. I tend yo agree with Dave that Rebecca is not more than Becky. Maybe if it was Becca it could work since it is less and contained in Rebecca. I did read all of the code beforehand but there is nothing that addresses the part that I mentioned adding to the certificate in my original message. I have read others have done it in the threads here but in CA. I don't know that it's o.k. Borrower did finally get the title co and they said go ahead and notarize as Rebecca. She crossed out Becky that was under the signature line & initialed. I hope lender will accept. In the future though, I sure would like to know about my original question. AnyCA notary know?
Dave ,thanks for correcting my spelling mistake on the subject line! I had just pressed the send button when I noticed it.
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Reply by janCA on 6/22/05 12:47am
Msg #46709
Re: identification question
I guess I just go by common sense and maybe I interpret the law differently. I look over the DL, description, and most of all signature. Sometimes, you just have to read between the lines. The DMV has really made it difficult in many instances because many people will sign their DL's with their "nickname". It does get frustrating. Anyway, that poor woman, she crossed out all the "Beckys" and replaced with "Rebeccas"? What a sport!
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