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Just curious as to how fellow notaries would handle this....
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Just curious as to how fellow notaries would handle this....
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Posted by LC/AZ on 4/14/10 12:41pm
Msg #331688

Just curious as to how fellow notaries would handle this....

On the title docs, the first name is listed as Buddy (not real name) and on the lender's docs, the first name is listed as Eldridge. (not real name) He is, also, a Jr., as listed on lender's docs, but not on title docs. Both title and lender have docs, within the packet, that require notarizations. His driver's license lists his first name as Eldridge and has the Jr. on it. My concern is with the title docs. I need to see id with "Buddy" on it. He went to the DMV and tried to get a state issued id with Buddy on it, but they told him you can, either, have a state issued id or a driver's license, but not both. Since, he has tried to produce id, within reasonable means, and has not been successful, I asked him if he could bring a credible witness to satisfy the notarizations for title docs. I know credible witness should not be taken lightly, but, I see no other choice. What say you?

Reply by Joan_OH on 4/14/10 12:47pm
Msg #331690

My suggestion would be to call title. It would appear the Deed reads "Buddy", but the loan is under "Eldridge". In my state, and I presume many others, the deed and Mortgage should match. title may want to address this. And yes, they should be catching this stuff. My feeling is why do the closing when it very well may need to be reclosed due to vesting issues.

Joan-OH

Reply by Calnotary on 4/14/10 12:49pm
Msg #331691

I wouldn't do it. IF DMV can not issue an ID with the "buddy" in it how are you going to notarize with
CW?

Reply by Calnotary on 4/14/10 12:55pm
Msg #331692

Reading again your post, I do not understand how can you notarize the same person with 2 different names. I have done several times but when they used the same ID with 2 names but not 2 names with one name in the ID.



Reply by LKT/CA on 4/14/10 12:57pm
Msg #331694

Excellent time to inform the client of the consequences of using various names on paperwork. It's one thing to be "called" Buddy, as far as friends, family and coworkers call him Buddy. It's quite another to put the name Buddy on paperwork. In CA, if his license says Eldridge, the docs needing notarized could be. The other docs needing notarizing with Buddy on them, would not be......this is CA. Credible witnesses are not in order. He cannot be both Eldridge and Buddy on paperwork. He's one or the other. He can be "called" as many different names as he wants, but on paperwork needing his signature notarized, he's only one person currently - according to your post, currently, he's Eldridge.

I notarized the signature on a letter drafted by the hubby of a lady I know. They are from Jordan. On the letter, he put the name "Alex" and signed his name as his legal signature which matched his license. He said he's known by "Alex" and is called that name. Well his driver's license did not have Alex on it. The first name showed "Iskandar" and they told me that Iskandar is the Jordanian version of Alex.

Since he drafted the letter, I told him he would have to put the name that's on his license on the letter. The signature matched the license signature. I took this opportunity to explain to both of them that going forward, a notary could not identify him as Alex and his last name. A notary could only identify him as Iskandar and his last name. On loan docs, I could not identify him as Alex.

Reply by LC/AZ on 4/14/10 1:13pm
Msg #331697

Just talked to title

He will be crossing the name Buddy out on title docs and changing it to Eldridge and initialing. "Buddy" is a nickname on a prior license that he had issued, where DMV told him it was okay to change it to "Buddy", although, the proof of legal id he showed them said Eldridge. He told them he never went by Eldridge, and always, went by Buddy, so they said, "Sure, you can put "Buddy" instead. Hmmm.....Gotta love those DMV employees!

Reply by cawest/PA on 4/14/10 1:39pm
Msg #331700

Re: Just talked to title

hey do not say anything bad about them ... they have a high stress job ... from 8 to 5 and they get home at 4!

Reply by cawest/PA on 4/14/10 1:23pm
Msg #331698

No matter that I can use the money, I would just turn it back from where it came with a big smile and knowing there wouldn't be any Tylenol involved Smile

Reply by Robert/FL on 4/14/10 1:38pm
Msg #331699

If everything was done in Full Legal Name, exactly as it

appears on the D/L, this would never be an issue!



Reply by LC/AZ on 4/14/10 1:43pm
Msg #331701

Re: If everything was done in Full Legal Name, exactly as it

He just had his license fixed yesterday to read his legal name. So title would have had the prior one with "Buddy" on it.

Reply by JanetK_CA on 4/14/10 4:32pm
Msg #331720

Another minor pet peeve

It's always made me wonder when title/escrow documents are produced in a form of the person's name that does not exactly match the vesting (yet they are all over the notary if the docs get signed inconsistently, etc.) When I start a signing, the very first thing I do is check the person's ID against the vesting on the DOT. I just don't get why the closing agents, or whoever is setting up their docs into their systems, don't do the same thing. Usually it's just a matter of a missing (or added) middle initial vs. full middle name and doesn't present an ID problem, but it always raises the question of "My name is different here; how do you want me to sign this one?" after I've told them that they need to sign their name exactly as typed, while looking at the vesting.

Done venting - it's just that, of all people, you'd think they would be the ones to check these things. Ahhhh... I feel better now! Wink

And as for the Credible Witness question, that is a very state specific thing and you first need to go by what your state allows for followed by what your instincts are telling you. For me, if it doesn't pass the sniff test, I don't even mention the option of Credible Witnesses. And that's assuming it meets the requirements of when they are allowed in my state.

(I'm dashing this off in a hurry, so I hope people don't read too much into this. CW's have been discussed here at great length in the past.)

Reply by Pat/IL on 4/15/10 12:37am
Msg #331819

Re: Another minor pet peeve

Janet, when you look at the names of the borrowers on the deed of trust or mortgage, you are not seeing the vesting. Rather, you are seeing the names of the people who are mortgaging their interest in property they purport to own or have some rights to reside.

The vesting comes from a deed, or an assortment of deeds, and/or an assortment of acts, deeds and events, that determine ownership interest and the manner in which the interest is held.

So, it is more likely that the title company had the vesting correct, and the lender's processors ignored the form of the name(s) as title was vested. The title examiner has examined the chain of title, the recorded documents, to determine the ownership interests and the vesting. The names as they appear in the vesting documents are those that will appear on the title affidavits.

It was mentioned in a comment above that, if the correct form of names were used throughout the process, these problems would not occur. That comment was absolutely correct.

I think the discrepancies occur because the seller, or the seller's attorney, or whoever prepares the deeds on behalf of the sellers, does not look at the buyer's ID before preparing the deed.

Reply by Susan Fischer on 4/14/10 11:52pm
Msg #331815

So many times the title docs have it all wrong. Darnit. n/m


 
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