Posted by kathy/ca on 7/5/06 6:49pm
Msg #130967

"I made a big mistake" was posted a couple days ago regardin

BRW middle inital on ID. which wasnt printed on docs. The concern of the poster was going to jail, loosing her commission etc and questioned if E & O insurance would cover it. What did I miss here, wouldnt docs have to be redrawn OR wouldnt BRW have to present ID that matched what was preprinted on the docs? Why was she so concerned about something awful happening to her? What makes me think I missed something is that all responders seemed concerned too. Anyone care to enlighten me?

Reply by PattiCA on 7/5/06 7:09pm
Msg #130977

First, why would the docs need to be redrawn just because the ID had an initial and the docs did not? I know I will get blasted because I do not have my handbook in front of me...but it is my recollection that the ID can have more but not less than the info on the documents to be signed. You could logically identify a person whose ID state their name as John J. Public as either John Public, J. J. Public, but you could not Identify them as J. James Public Or John Joseph Public as you can not know what the middle initial stands for.

As for an opinion, I do not believe that it is our place as a notary to tell a lender or anyone else that the documents need to be redrawn to match an ID. If we do not feel that we can appropriately identify the signer, then we should decline the signing.

Reply by rengel/CA on 7/5/06 7:34pm
Msg #130988

If you both will go back and re-read that post, you will see that the ID said, Jane Smith and the papers said Jane V. Smith. This is a case of the docs having more than the ID which is where the problem lies. Not that the ID has more.
My take on it.

Reply by kathy/ca on 7/5/06 7:45pm
Msg #130993

Thats true and she should not have had them sign the docs

without proper/adequate ID since she did, is that reason to believe she can got to jail orlose her commission. Why wouldnt she tell the lender before anything "bad" could happen that she thought better of it after the signing took place and cant allow things to proceed? In so far as having docs redrawn, I wasnt suggesting we tell the lender what to do, I was only stating that in a case I have come across in the past where ID did not match up with docs, there was a redraw.

Reply by Bob_Chicago on 7/5/06 10:26pm
Msg #131015

A few issues involved.

Not familiar with CA law , other than through reading NOTROT, etc,
but IMO, the odds of a NP going to jail ( or even losing commission)
because of a simple mistake,
where no fraud is involved, is about the same as Ken Ley going to jail.
Secondly, the lender may not be able to redraw all docs as Jane Doe,
if Jane took title as Jane V. Doe. The name on the mtg/dot should
match the name on the deed. If not , I believe , that a title exception,
would be raised, and the lien might not be valid.
They might be able to redraw as "Jane Doe , who took title
as Jane V. Doe " with the NP notarizing as Jane Doe ,
as is , I believe , reqd by CA law.
Best bet might be for bwr to get new ID as Jane V. Doe.

Reply by Anonymous on 7/5/06 11:27pm
Msg #131023

It was my post.

On June 26. ID was Jane Smith, Docs were Jane V Smith. Do you guys know anyone that made a similar mistake and went to jail or lost their commission? Do I have to report this SOS. Any advice? It was a mistake. I'm 35 and I have 2 kids.

Reply by CaliNotary on 7/6/06 12:09am
Msg #131025

Re: It was my post.

"Do you guys know anyone that made a similar mistake and went to jail"

This is a joke, right?

Reply by LkArrowhd/CA on 7/6/06 12:25am
Msg #131028

Re: Pleaseeeeeeeeeeeeee pan on spending some time in jail,

find a place for those two kids and say goodbye to your freedom as you have known it.....JK

Reply by MichiganAl on 7/6/06 12:57am
Msg #131029

This year's overreaction award goes to...(drum roll please)

Anonymous from 71.130.206.156!!! The recent competition has been fierce, and we'd like to congratulate all of our participants. Our prize patrol will be delivering your award personally, so keep an eye out for them. They'll be wearing blue and waving badges.

Reply by Marlene/USNA on 7/6/06 9:33am
Msg #131072

A little miffed. . .

. . .that you apparently didn't take time to read my response to you, which addressed these issues.

Reply by kathy/ca on 7/6/06 10:06am
Msg #131083

Suffice it to say Anon71. altho your post has created some

great responses of which I cant stop laughing, you are certainly not going to have anything terrible (disclaimer UPL) happen to you or your kids based on the information you have provided here. Study your handbook, read all the informative threads on this board, make notes to keep in your notary bag to review when you do go out to do a signing. When I first started out I had the really important information printed out on a sheet as a "step by step" reminder, kept in my journal for a quick reference in case I needed it. Take your time and be sure each step of the signing is correctly done before you leave. In no time, this will be second nature and you will have much more confidence. It takes practice. Also when I first started out, I role played with my hubby and daughters using a set of dummy documents, they would ask qustions about the documents and I would give a brief description, that gave me a lot of self confidence. Now stop worrying, start studying and making notes (writing it out is a big help because we "learn by doing" and learn from your previous mistakes.

Reply by Bob_Chicago on 7/6/06 7:06am
Msg #131044

California could not figure out how to put........

OJ, Wacko Jacko and Berretta in jail
A NP who might be ID challenged would be
far down the list.
Stop worrying and read your handbooks

Reply by BrendaTx on 7/6/06 7:38am
Msg #131049

Re: California could not figure out how to put.....LOL Bob!! n/m

Reply by JanelWI on 7/6/06 8:19am
Msg #131056

Re: Anon... Did this person have another picture ID that

reflected the middle initial? Was the questions even asked?