Posted by Susan/CA on 8/6/12 12:04am
Msg #429457

Acknowledgement question.

If I am notarizing a document in CA & the D.L. Has the name as Joe Joe Black Blue, the document has his name typed as Joe Joe Blue & he insists on signing as Joe Blue. Can I notarized him as Joe Joe Blue since I have identified him as such? I'm sorry I don't recall ever having this come up before. Maybe it's just late, I'm tired & it will come to me in the morning but just in case it doesn't I would sincerely appreciate any feedback. I'm thinking I could notarize either way Joe Joe Blue or Joe Blue since both are correct according to his ID. Confused & tired....TIA!

Susan

Reply by Marian_in_CA on 8/6/12 12:57am
Msg #429459

I know others do this differently, but I don't care one whit what name is preprinted in the doc. The name I put on the certificate is the name on the ID, since that's who is in front of me. I've never had an issue with anyone getting uppity about the name on the certificate not matching the document itself. CA law, Civil Code 1185(a), says we only need to be satisfied they're the same person, not that the names match exactly.

SO, if the doc says Jane A Doe, but the ID says, Jane Anne Doe... it is likely the same person... but "Jane Anne Doe" is what goes on my certificate. I have no doubt they are one and the same.... but it's "Jane Anne Doe" in front of me.

Reply by VT_Syrup on 8/6/12 7:42am
Msg #429470

If you follow Marian in CA's advice, how well it will work out will depend on where it gets recorded. Since there are a wide variety of written policies one can find on the internet about what will record, and even more variation in what individual recorders will do, it's unpredictable unless you are familiar with the particular jurisdiction where it will be recorded. Someone, perhaps it was Marian, reported never having a complaint about the name in the certificate being in a different form than the name within the document.

Most states have no law saying exactly what a name is in general, although they might have rules for specific situations like birth certificates and driver's licenses. Largely, they depend on custom and tradition. Since people of Spanish ancestry often use several variations of their mother's surname, their father's surname, or both, I would be willing to notarize a person of Spanish ancestry who's DL name was Joe Joe Black Blue as Joe Black, Joe Joe Black, Joe Blue, Joe Joe Blue, Joe Black Blue, or Joe Joe Black Blue. As for the signature, if it was legible I'd warn Mr. Black Blue his transaction might not go through if he signs differently from what appears under the signature line.

Did the person really have the same first name repeated twice, or is that a situation you created when you change the name to protect privacy?

Reply by Marian_in_CA on 8/6/12 10:45am
Msg #429483

Yes, recording has never been an issue for me....at least not insofar as I've been told. And also, I will often verify recording, too, not on all documents, but randomly. About once a month I go to a county clerk's office and I spend time doing research on recently recorded deeds, etc. The reason for this is two-fold:

First, I look to see what title and escrow companies are doing active business in a my area. Not just them, either, I also make note of the notaries, too. It's standard business research on both competition as well as potential clients.

Second, I will pull out my journal and randomly verify recording of certain documents. Some of this is quality control on my end to see if anybody altered anything, but also to verify that my practice of using the name on the ID doesn't impede the recording.

I'm in a weird situation because I live in an area where I cover 3 counties regularly, and travel to the clerk's office is never fun...involving hundreds of miles of travel. I try to schedule those trips when I'm in the area, and when I'm there, I definitely take the time to sit down and research.

Reply by Susan/CA on 8/6/12 10:04am
Msg #429481

Thank you both for your responses! & VT the name Joe Joe Blue Black was a name I made up. The names were not duplicative.

Thanks again!
Susan