Posted by NewPhoenix on 8/18/10 1:53pm
Msg #349483

Expired Drivers License in Ohio

Got a call for a Structured Settlement signing at 4:30. Confirmed with the borrower. At the very end of the call he said "Oh, by the way. My drivers license expired a few months ago. I didn't have the money to renew it." (which is probably why he wants a Settlement, but I can't assume that of course). He does have his SS card. He moved within the past five years so he doesn't even have any statements or anything current that matches the address on the expired license.
Ohio law only says "reliable identification documents". Hmmm, so do I accept his expired license and SS card as "reliable" ID? Is that "defensible" if I get called out on it? Any thoughts Ohio? (no flames please lol).

Reply by MW/VA on 8/18/10 2:05pm
Msg #349485

Try msg. 348802. The states that accept expired D/L as

ID was discussed. I'm not sure if anyone from Ohio responded. Also, does Ohio allow credible witnesses? That might be one option.

Reply by NewPhoenix on 8/18/10 2:14pm
Msg #349488

Try msg. 348802. The states that accept expired D/L as

I should have said I already used the Search button, and I did review that message before (but thanks for the suggestion!). Credible Witness can be used but only if they are known to the Notary and the signer. He IS in my hometown but I really don't want to go through a whole list of "do you know..." to find someone LOL. Hmmm, wondering if Roger is around?

Reply by MW/VA on 8/18/10 2:17pm
Msg #349492

You can always send him a p/m. n/m

Reply by Tess on 8/18/10 2:19pm
Msg #349494

When you have very little guidance from you state on IDs, only you can make this decision. You can be very paranoid (could the expired ID belong to his brother and or twin) or very lax (looks like him, so I will do it) and still be wrong or right. You can not defend what others tell you. You can only defend your own decisions!

Reply by SharonH/OH on 8/18/10 4:02pm
Msg #349507

From the Cincinnati Bar Association online notaries manual:

"Naturally, a notary cannot truthfully certify that John Doe appeared before him, unless he is reasonably certain that the person who signed the instrument actually is John Doe. If the signer is not known to the notary, proof of his identity must be presented. This proof is often satisfied by examination of a driver's license or other identification card (preferably one with a picture). Proof may also be satisfied by a third person known to the Notary who introduces John Doe to him. Nor can a notary certify that John Doe “appeared before him” if the instrument is brought to the notary by a third person. It bears repeating that the only way a signature can be acknowledged is in the presence of a notary public who has satisfied himself as to the identity of the person signing the instrument who then takes the acknowledgement and certifies it.

Some notaries are inclined to take this, their most frequently used function, rather lightly. They forget that they are liable, personally, to anyone who suffers damage through their negligence. The courts have found a notary public guilty of negligence who has certified the acknowledgment of a person who has misrepresented himself, when the notary failed to ask of proof of identity. In fact, in Ohio, anyone who with intent to defraud, falsely impersonates another before a Notary Public, is guilty of a felony."

Ohio law allows for wiggle room, but I would be very careful. A State ID only costs $8.50. I'd wonder why no ID is available.

Reply by NewPhoenix on 8/18/10 5:25pm
Msg #349516

Expired Drivers License in Ohio

Thanks for the references everyone! He ended up providing me with: 1. the expired license with his photo (still looked the same - HE had not expired), 2. His SS Card, 3. Birth Certificate, and even 4. Current utility bill for that address with his name in full. Good enough I thought.

They really were in dire straights. First he got laid off six months ago, then she did a month later. They were overdrawn on their checking account (discussed with the Agent on the phone because they weren't sure they wanted an EFT only to have it eaten up by past due bank fees). Their only income was the $150 settlement check - which they were now selling the balance for a lump sum.

People are in bad shape and jobs hard to find. I know friends that stay in bad jobs (unpacking imported items) that they hate and are actually toxic - they go home with headaches, rashes on their fingers and arms, and workers almost pass out when they open boxes from China. But they CAN'T QUIT. And now everybody is supposed to come up with the extra money every month for for national health care??

Reply by MW/VA on 8/18/10 6:46pm
Msg #349527

We need to count our blessings & be grateful that we're not

in dire straits like so many folks. This business can be a PIA at times, but it still gives me some control over my finances.

Reply by Claudine Osborne on 8/18/10 8:57pm
Msg #349539

Re: I am an Ohio notary..

Well I am in Ohio and on the board of The Ohio Society of Notaries that Roger created. He and I talked about expired DLs. In can be expired, sadly. Each county or bar association in Ohio have their own rules and regulations..ugh..So what I do if there is an issue..Make sure that you have a paper trail. Which you did on this settllement. Kudos to you!

I have had this happen only 3 times in my carreer. Thankfully!

Reply by Roger_OH on 8/18/10 11:21pm
Msg #349558

As noted, the state statute says only that the notary needs to be "reasonably satisfied" as to the signer's identity. Photo ID is not REQUIRED; we can technically accept a library card or anything else that establishes some semblance of identity to our satisfaction.

Requiring ID that at least conforms to Patriot Act guidelines is part of our association's lengthy notary reform agenda for the SOS and legislature.

Reply by SharonMN on 8/19/10 2:01pm
Msg #349620

I'd have no problem accepting a recently-expired ID if state notary laws permit. The goal is to make sure he's who he claims to be. If the picture and signature match what's in front of you, go for it. In the absence of other fishy circumstances, I'd say the chance that this is a fraud is tiny.