Posted by Delores Daugherty on 8/13/12 9:54pm
Msg #430361

no I.D. with maiden name

Hi, I have an individual who is married and took title on the house in her maiden name. She wants to add her husband on title, but no longer has any picture I.D. with her maiden name. Any suggestions anyone? Thank you in advance

Reply by VT_Syrup on 8/13/12 10:43pm
Msg #430371

I would think she would be wise to consult a lawyer. Not only could the lawyer tell her how to resolve the name issue, but whether the form of ownership she has in mind is really the best choice. Not to mention whether she needs permission from anyone, like the bank that holds the mortgage (if there is one).

Reply by jojo_MN on 8/13/12 10:51pm
Msg #430373

Does she have a current photo id? If so, you could ask to see if she has her marriage license. If she does, then can you just compare her name on the marriage license to the quit claim? I myself have done this many times in the past and the hiring entities have accepted this as proof that I was satisfied that they are one and the same person.

Reply by Marian_in_CA on 8/13/12 11:02pm
Msg #430378

That won't work in California...

It looks like the OP is in California, if so, what jojo describes is *not* acceptable. What the hiring entity accepts as proof never trumps what the state law says.

Reply by jojo_MN on 8/14/12 4:10am
Msg #430384

Re: That won't work in California...

Yes, thank you Marian. You should definitely follow your state's laws.

In Wisconsin, "the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument." There is no definition of what "satisfactory evidence" is. The state suggests two forms of identification.

In Minnesota, "Screen the Signer: You should always screen the signer. Ensure that the person or persons signing the document(s) are who they say they are. Ask for an I.D. with their signature to verify who they are. Personal Appearance by all individual(s) requesting notarization is required at the time of notarization in ALL instances."

In Iowa, "Determine Identity - You must have satisfactory evidence that a person is the individual whose true signature is on the document. Identity may be proven through: personal knowledge, identification documents ( i.e. driver’s license), or the sworn word of a credible identifying witness."

As you can see, MN, WI and IA don't give information as to what is required as "satisfactory evidence" so make sure that you are following your state's notarial laws. Thanks again, Marian!

Reply by ikando on 8/14/12 5:45pm
Msg #430455

Re: That won't work in California...

Oklahoma uses the "satisfactory evidence" statement also. But in the voter ID statute, it spells out what can be used to identify a voter, which includes DL, passport, military or tribal ID. I've been working to get the legislature to combine the 2 statutes to give a better descriptive for identification for a notarial act.

Reply by VT_Syrup on 8/14/12 8:08pm
Msg #430467

Re: That won't work in California...

I'd say legislation about what ID to show to get a driver's license is mostly driven by utility. Most legislatures are indifferent to notarial acts; I don't think the Vermont legislature has examined it carefully since the Great Depression. Voter ID is all about politics; any utility is only for appearances.

Reply by A S Johnson on 8/14/12 9:14am
Msg #430392

IN texas use of a marrige license do not work to show either signle or married name, even with a current Valid ID. This is somthing that must be worked out by an Valid I D issuing agency.
And in Texas a "quit claim" is for personal property. A "Warranty Deed" is for real property. This is something that should be handled by an attorney so that it doesn't cost much more in the future.

Reply by Julie/MI on 8/14/12 12:53pm
Msg #430425

Re: no I.D. with maiden name @ AS Johnson

I normally butt out of other state's requirements.
Where do you figure a quit claim deed in personal (chattel) and
warrandy deed is real estate? But only to the great state of Texas is different than the other 49?

Quit Claim Deeds mean there is no guarantee of clear title i.e. I can deed you you the Brooklyn Bridge. A Warranty Deed means there is clear title.

Every day I am so thankful I don't live in CA, what stupid laws for the citizens and for the notaries.

Reply by A S Johnson on 8/14/12 1:41pm
Msg #430430

Re: no I.D. with maiden name @ AS Johnson

I can only speak for the State of Texas. Yes we are different. Our real estate law is included in the State Constitution of 1882, because durning reconstruction the schalewags and carpet bagers who ran Texas use real estate law to "steal" land from Texacans. Because of that the formers of our 1882 Constitution place real estate law in the Counstitution. A vote of the entire state would be requirewd the change the real estste laws.
This is not in the Constitution, a mobile/manafatured home in the State of Trxas can be real estate or personal property according if it has (personal property) or does NOT have (real estate) wheels and axles attached to it.
I'M a Notary and really don't need to know these things.
My job is to Identify the signer, to be sure the document being signed is understoog and watch the signing of it.

Reply by jba/fl on 8/13/12 10:55pm
Msg #430374

this has been discussed before - you might get faster answer doing a search.

In Florida, we can say in our certs: Jane Doe who took title as Jane Able, or, something like that. I am feeling too late to search, though I am sure someone will chime in shortly to let you know how far off base I am with that answer.

It is an interest dilemma.

Reply by jba/fl on 8/13/12 10:56pm
Msg #430376

Forgot to add: listen to a CA notary - that is your law.

Reply by Marian_in_CA on 8/13/12 11:00pm
Msg #430377

You're in CA, right? In this case I'd give her the option of using credible witnesses. But, that can get dicey, because CWs are really only supposed to be used in cases where the person LACKS proper ID and it is difficult or impossible to get one. Well, she has ID and her name has legally changed, so there is no way for her to get ID in the old name since that isn't her name anymore. Tricky.

What's worse is that what if she goes to do anything else with their property? She still has no proper ID proving that it's her and she is going to continue to run in to this problem. Her birth certificate, maybe....her marriage certificate.... but those are NOT acceptable forms of ID in California.

But really... what they *should* do is get the deed record fixed first. She should have had her named changed on that when she changed her name and still had ID in the old name. A lot of people don't think to do that...and then they end up in messes like this. Of course, in California it can also cause other headaches... which is why i think a lot of people *don't* have the name updated.

Reply by Marian_in_CA on 8/13/12 11:18pm
Msg #430379

BTW... some entities will accept a recorded copy of the proof of name change rather than updating the original deed. That's great for proving the name change and title history. Of course, that doesn't help when you've got a DOT sitting in front of you with the maiden name and the signer with no ID. That makes notarization in that prior name tricky, due to CA's ID requirements, but it may not cause transfer issues.

I dunno... it seems like this could be solved with Credible Witnesses and that's probably the way to do it... but I'd be hesitant. I'm wondering what other CA notaries think of that. I mean if we *know* that's not her legal name and she has valid ID for her legal name, does she qualify for the use of CWs?

Reply by DaveCA/CA on 8/14/12 10:11am
Msg #430396

acquired title as...

Most companies that I work with will do a Grant Deed with verbiage "who acquired title as". It seems to be the simplest thing. Jane Jones, a married woman who acquired title as Jane Maiden, a single woman, hereby grants to Jane Jones and Joe Jones, wife and husband as joint tenants, (or whatever they chose)

Signature line has Jane Jones

This gets done a lot and it satisfies me as a notary public and it satisfies title too. Hope this helps.

Reply by Alz on 8/14/12 10:28am
Msg #430398

I too have seen the example given used by TCs in my area. n/m

Reply by SReis on 8/14/12 9:38am
Msg #430394

This is not legal advise but typically she can use a FKA

Ie: Jane Doe FKA Jane Jones. Your notary would just read Jane Doe.

Reply by Bob_Chicago on 8/14/12 9:40am
Msg #430395

IMO, there is actually no reason why she can not just

sign the QCD with her married/ID name.
In most cases , the county recorder neither knows , nor cares, how title to the property is held. So long as an instrument is in recordable form and the proper fee is padi, it will get recorded.
The deed will be binding as between the H and W.
If a title co ever raises a ?? on a subsequent conveyance, they can claear it up then.

Reply by Les_CO on 8/14/12 10:42am
Msg #430400

Your friend needs to go hire a real estate attorney, and have them prepare, and record the proper documentation. It could save her/them a lot of problems later. Sometimes hiring a professional to do what is required is better, and less expensive in the long run than doing it yourself. JMO

Reply by Clem/CA on 8/14/12 11:17pm
Msg #430475

Had this happen twice in the last month. The ex wives just went to the DMV and had them change names on their Drivers License without regard to anything that it would affect. DOT married name, ID maiden name. Can't notarize... Grant deed with maiden, who took title as Married has to happen, or go back to the DMV and change their name back to Married on the ID. Thanks DMV !! love ya.