Posted by Barbara___IL on 3/24/09 11:48pm
Msg #282032

Speeding Ticket for ID

I have a signing early in the AM tomorrow. The borrower's wife is not a co-borrower, but has to sign the marital docs. She told me she has no photo ID and is driving on a speeding ticket. This is the first time this has happened to me. All of her other ID's are credit cards, except for an expired passport. Any advice (although I am aware that notaries don't give advice)? Thank you. Barbara

Reply by Glenn Strickler on 3/25/09 12:07am
Msg #282034

Well, you need to follow the law of your state to protect yourself, so open your book and read. Even if your state allows the use of credible witnesses for notary acts, then you have the Patriot Act to deal with, which many lawyers, including mine, and lenders interpret to mean that you need a government issued photo ID that isn't expired for lending purposes.

So determine what you can and can't do according to your state laws, call the people that hired you and ask for instructions. Whatever you do, make sure you are in compliance with state and federal law. It does make me wonder what actually happened to her driver's licence. This situation is setting off my BS detector.

Of course, I am not an attorney and cannot give legal advice, just opinions ...... So this is JMHO

Have fun

Reply by Bob_Chicago on 3/25/09 12:18am
Msg #282037

Illinois Notary act Sec 6-102 (d)(3) provides that

a Notary may properly ID a person on the "basis of identification documents"
Not sure if Patriot Act <subject to lender reqmnts) would be applicable here as
she is a NBS.
If you are reasonably certain based on all circumstances that she "is who she
says she is" , IMO an expired passport would be ok under IL law.
Not legal advice, yada, yada.
I believe that ticket is useless as an ID doc since no picture, description or
signature. Could have picked it up in an alley.

Reply by Barbara___IL on 3/25/09 12:37am
Msg #282039

Re: Illinois Notary act Sec 6-102 (d)(3) provides that

She could have, but they are newlyweds and will be sitting in their home. They are even giving me a copy of their marriage certificate to turn in with the package. I know anything is possible, but I am certain it is her. Thanks for the help. B.

Reply by Barbara___IL on 3/25/09 12:50am
Msg #282045

Re: Illinois Notary act Sec 6-102 (d)(3) provides that

Bob..Thanks...I'm reading my Illinois Notary Law Primer. Actually, it's interesting. I read some of it from time to time, but there's always something I've missed or forgotten.

Reply by Linda_H/FL on 3/25/09 8:47am
Msg #282055

Re: Illinois Notary act Sec 6-102 (d)(3) provides that

"Illinois Notary Law Primer....there's always something I've missed or forgotten"

If that's the NNA book you forgot to add to missed or forgotten "or wrong"...

If that's the book, careful what you read in there...JME in FL..

Reply by Bob_Chicago on 3/25/09 9:09am
Msg #282058

Suggest that you refer to the official, IL SOS notary book



http://www.cyberdriveillinois.com/departments/index/notary/home.html

Reply by Barbara___IL on 3/25/09 12:41am
Msg #282041

Glenn..

I'll check with everyone in the morning. She was speeding, and in Illinois, if you get a speeding ticket, they take your license until you go to court. It's a recent ticket, so it makes sense.
I appreciate your input.

Everyone is so helpful. Thanks very much.
Barbara

Reply by Glenn Strickler on 3/25/09 12:48am
Msg #282044

Re: Glenn..

That's interesting. What happens if a person from another state gets a ticket? Back in the '70, I got a ticket outside of Billings, MT and they just hauled me in to see the judge and pay the fine right then because I was out of state. Good thing I had enough money on me.

Reply by Barbara___IL on 3/25/09 12:53am
Msg #282046

Re: Glenn..

If they are from out of town, I think it works the same way as if they were from here. They eventually give you an envelope in which to pay the fine or you can get a court date and return. Once they get paid, they mail the licese back to you.

Reply by A S Johnson on 3/25/09 9:24am
Msg #282061

Re: Glenn..

I was stationed in Great Falls in the mid 60's, I remember Billings.
When they stopped you was "Mr Dillion" on a horse, mule or did he use his "repeating" rife to shot your tire out? LOL!!!!!!!

Reply by Linda Juenger on 3/25/09 9:30am
Msg #282062

Barbara, I had the same thing happen to me once and I did

NOT accept the ticket as an ID. There is no photo, signature etc. on a ticket. Luckily she had a passport or the closing would not have taken place. Yes, I was reasonably sure it was her, but, but, but....... you know the rest.

Reply by BrendaTx on 3/25/09 10:39am
Msg #282067

IF I had a dog in this hunt, I'd have to say:

IF you don't want advice, don't ask for it. Bob has given you very good input and you've basically blown him off. You are a funny notary.

IF I were giving advice, it would be: Butch-up, Miss Sally...this isn't quite as easy as you think it is. Open your ears and consider you may not know it all just yet.

But, I am definitely not giving advice or saying anything. No dog in this hunt.

Reply by Cari on 3/25/09 10:55am
Msg #282073

Dog Hunt comment...

...so ur saying that there is no dog hunt in this...but boy, your response sure sounded like a 'bitc&y" comment...

...ease up on YOUR advice...did you wake up on the wrong side of the (dog) bed!

Reply by BrendaTx on 3/25/09 11:05am
Msg #282077

Re: Dog Hunt comment...

Hopefully my comments will rest as heavily and meaningfully on Barbara as yours are on me. (Not at all.)

Reply by Cari on 3/25/09 11:39am
Msg #282086

ooohhh pleeaassee... n/m

Reply by jba/fl on 3/25/09 11:10am
Msg #282078

Re: Dog Hunt comment...

Now who is sounding witchy? Pot calling the kettle black? I've noticed that you don't much like the truth without all the hearts and flowers in the margins

Yeah, yeah, I know Brenda, I said I would lurk a while before posting again and I should butt out, but this dog hunt (you have hounds?) is kicking my butt somehow (shouldn't that be a pony?) , but (now we have too many buts...oh, what to do?...esp. since I know you can fight your own battles more eloquently. I need to butt out. Scheist!)

Reply by BrendaTx on 3/25/09 11:35am
Msg #282085

Re: Dog Hunt comment...

To Cari's credit she's probably only jumping in to protect a fellow IL'er ...or maybe I just irritate her...or both.

Either way, I notice she did not give advice to the original poster (that I recall) finding it more satisfactory to criticize my non-comments on the situation.

I just kinda puzzle over someone who asks for input and then knows more than the one from whom they are asking the input.

Oh yeah. I'm not commenting....no dog in hunt...

Reply by jba/fl on 3/25/09 4:24pm
Msg #282131

Re: Dog Hunt comment...

I still think you should get a pony - then you could have a real show!

Reply by Linda_H/FL on 3/25/09 11:45am
Msg #282088

Re: Dog Hunt comment...enough ladies...

that's not what this was about....take it to P/M if need be but this is not the venue for personal grudge matches...MHO

Reply by BrendaTx on 3/25/09 12:06pm
Msg #282091

Linda - I'm thinking all who are in this thread can

totally handle the water if it gets a little warm.

As long as no one's advertising, cursing, calling names or doing other than stating an opinion or giving advice I don't see the problem.

Reply by Linda_H/FL on 3/25/09 12:12pm
Msg #282093

Suit yourself... n/m

Reply by Kathy Fletcher on 3/25/09 10:42am
Msg #282068

Need help on credible witness?

Give me a call at 623-930-1882

Reply by LynnNC on 3/25/09 10:43am
Msg #282069

She can get a state ID card with photo n/m

Reply by Lee/AR on 3/25/09 11:39am
Msg #282087

Not our job to 'make it work'. It's theirs to provide ID. n/m

Reply by BrendaTx on 3/25/09 11:46am
Msg #282089

Re: Not our job to 'make it work'. . . . Lee . . .

it sounds to me like you were a notary first before you were a "nsa".

Reply by Linda_H/FL on 3/25/09 11:48am
Msg #282090

Re: Not our job to 'make it work'. It's theirs to provide ID.

Personally, I don't see how anyone could "make" a speeding ticket work for ID in ANY state .... surprised the question was even put forth....MHO

Reply by Barbara___IL on 3/25/09 10:27pm
Msg #282163

Took everyone's advice....

I listened to all of you and learned from it. I referred to the Secretary of State's Handbook. During the signing, the NBS went to the Sec. of State and got a State ID. It didn't take long, and her husband signed docs while she was gone.

Thanks everyone. I REALLY appreciate the input.

Barbara

Reply by BrendaTx on 3/26/09 5:36am
Msg #282170

Barbara - I'm sorry I misunderstood you. My apologies. n/m