Posted by Linda_H/FL on 9/29/06 8:08am
Msg #149201

Another CW question..

I (supposedly) have a signing this morning (reverse mortgage) and I've already determined the borrower's name on her DL probably will not match the docs - I suspect I may be facing a CW situation.

Question is - I'll need 2 CW's as the BO is not personally known to me - can family members (i.e. son/daughter/daughter-in-law not on loan or title) be CW's as long as THEIR ID is sufficient?

Thanks.

Reply by Lisa Prestegard on 9/29/06 8:14am
Msg #149204

I do about 20 Countrywide loans a month. In my recent experience, they've been requiring that the Signature and Name Affidavit (in their package as well as the one in the Title docs) be completed to reflect the name on the DL if it does not match exactly that which is printed the loan docs. I bring up Countrywide because they are notorious for their compliance standards.
Reverse mortgage... she's obviously a seasoned citizen... her ID might surprise you! It might actually be accurate to such an extent that you can reasonably identify her without CW's.

Reply by Linda_H/FL on 9/29/06 8:21am
Msg #149208

#1 - I thought the AKA Statement and/or Signature/Name Affidavit was not a substitute for proper identification for our notarizing purposes? -

#2 - Her name on the confirmation is Jane Doe - I spoke with her last night and asked her about the name on her license - she told me her license states Judy Jane Doe but she signs her name Jane J. Doe - I think I'm gonna have a problem.

Reply by Becca_FL on 9/29/06 8:29am
Msg #149211

I don't see where the problem is. How are the docs drawn? Remember it's always better to over endorse than to under endorse. I would call the co that hired me to let them know of the problem and explain that you might need to have her sign Judy Jane Doe instead of Jane J. Doe.

This is not a scenario where I would use credible witnesses.

Reply by Linda_H/FL on 9/29/06 8:32am
Msg #149215

Re: Becca..thats why I said MAY be facing CW situation. n/m

Reply by Lisa Prestegard on 9/29/06 8:38am
Msg #149218

The AKA statement is not, in and of itself, sufficient evidence of Identity. However, if her name on docs read "Jane E. Doe" and her name on her license read "Jane Brown Doe" (as happens often in FL lately) the AKA Statement would be completed to reflect the difference.
In the situation you describe, I would be uncomfortable, too. This situation is definately worth a call to Title.

Reply by MelissaCT on 9/29/06 8:20am
Msg #149207

Will CW accept Cred Witness in lieu of proper ID? I'd check with hiring entity first...

Sig/Name Aff (at least in my state) does not act as proper procedure in positively ID-ing signer. That form is for title/lender, not notary.

Just opinion, not to be construed as legal advice.

Reply by Linda_H/FL on 9/29/06 8:29am
Msg #149212

Re: Another CW question..okay..but IF..

...nothing else can be done and the lender accepts CW's, can family members act as CW's? I would think no, they'd have to be people unrelated to the situation, but if their names aren't on title or the loan then they technically ARE unrelatd to the situation, right? (Think I just contradicted meself but it's too early for this c**p!!)

Reply by Lisa Prestegard on 9/29/06 8:41am
Msg #149219

related/unrelated... oy, vey

*only on second cuppa joe, so go easy on me*
Regarding related/unrelated CW's, I have been told that if there is a direct or indirect interest in the loan, the person cannot be used as a CW. It's early, Linda... I think we're both on the same page on this one.

Reply by Linda_H/FL on 9/29/06 8:42am
Msg #149220

Re: ISSUE RESOLVED - DOCS ARE GOOD! T/Y FRIDAY!!... n/m

Reply by Lisa Prestegard on 9/29/06 8:44am
Msg #149222

of course not. Its purpose is not to positively ID the signer, but to reflect additional names the signer may have been known as. My point was that in FL recently, we're seeing many womens drivers licenses bearing their maiden name in place of their middle name, which has presented compliance issues for Countrywide, in particular.

Reply by Linda_H/FL on 9/29/06 8:46am
Msg #149223

Re: Another CW question..I had one the other night

I ended up with a string of ID's showing this woman was who she said she was - all because DMV told her she could use her maiden name as her middle name - and she never had before!!

Reply by Sylvia_FL on 9/29/06 9:22am
Msg #149232

Re: Another CW question..I had one the other night

Linda
When I got my drivers license in Florida, they used my maiden name as my middle name. I told them that it was not my middle name, but was informed that this is the way they issue drivers licenses in Florida.
It was ony a few years ago when I had to renew that I was told that I could change the maiden name to my correct middle name.

Reply by Lisa Prestegard on 9/29/06 9:42am
Msg #149241

re: maiden as middle name in FL

They tried with me... almost to the point of a knock-down, drag-out. I flatly refused to allow it. No way. No how. That is NOT my name. Hasn't been since I was 18, not gonna go through people trying to spell or pronounce it any more.
$7.00 per hr. DMV employee ended up getting her supervisor to "force" the issue. Supervisor apologized up and down, and my maiden name does not appear. Supervisor told me that it is happening more often, as Hispanic women keep their maiden name as their second (middle) name and DMV counter workers have been caught up in a trend, of sorts.

Reply by Linda_H/FL on 9/29/06 1:38pm
Msg #149295

Re: re: maiden as middle name in FL..odd

I just got my Florida License in early July - transfer from CT - they never once suggested (a) my maiden name on my license or (b) spelling out my middle name. My Florida license was a duplicate of my CT license - which is good because that's how I sign and hold title to everything ..

Reply by Sylvia_FL on 9/29/06 9:18am
Msg #149230

Linda
If she has a current ID, then you cannot use credible witnesses in Florida.
Credible witnesses can only be used if the signer does not have ID and it is impossible for them to get ID.

Reply by Poppy on 9/29/06 9:30am
Msg #149238

Thank you, Sylvia... I had the same arguement with an LO

the other day. He cursed me out left and right because I would not use CW's since wife had already showed me her ID. Turned out to be a mute point since the lender won't accept CW's but I really got it from the LO.

Reply by Linda_H/FL on 9/29/06 1:39pm
Msg #149296

Turned out to be a non-issue - ID was good.