Posted by CarolF/NC on 5/1/13 7:53pm
Msg #468166

Interesting ID..name on DL is Jane Barker Smith, but it's

signed Jane Mary Smith. She says well DMV messed up my name and I wasn't signing the wrong name. Couldn't help but wonder what CA notaries would do with this one

Reply by sigtogo/OR on 5/1/13 8:19pm
Msg #468173

I'm not CA but how did the doc read? n/m

Reply by CarolF/NC on 5/1/13 8:22pm
Msg #468174

Jane Mary smith n/m

Reply by NotaryGirl71 on 5/1/13 8:29pm
Msg #468176

I am from CA...you go with what is written on her license from the DMV...Jane Barker Smith...she needs to get this corrected from the DMV...does she have a valid Passport with the correct name...if not, you may have to use credible witnesses...

Reply by Linda_H/FL on 5/1/13 8:31pm
Msg #468178

If she has current ID, can CW's still be used?

Can't do that down here.

Here we could have notarized with "who took title as" or "also known as" in our certs...but the name in the cert is the name on the ID.

Reply by Notarysigner on 5/2/13 10:24am
Msg #468257

Yes, she needs to get it corrected. I very seldom use creditable witnesses anymore because no one ever passes item # three of the qualifying points in the CA notary Handbook which are:

1. The individual appearing before the notary public as the signer of the document is the
person named in the document;
2. The credible witness personally knows the signer;
3. The credible witness reasonably believes that the circumstances of the signer are
such that it would be very difficult or impossible for the signer to obtain another form of
identification;
4. The signer does not possess any of the identification documents authorized by law to
establish the signer’s identity; and general information 9
5. The credible witness does not have a financial interest and is not named in the document
signed.

Reply by GF_CA on 5/1/13 8:32pm
Msg #468179

To me she is Jane Barker Smith and not Jane Mary Smith.

The name on my ack will be Jane Barker Smith since her ID show that name…and I would not use a credible witness since she has a valid ID. Is the ID wrong? Not my problem.

Reply by GOLDGIRL/CA on 5/1/13 9:14pm
Msg #468190

I'd be outta there ...

... assuming she had no other valid ID. Personally speaking, I wouldn't run around for very long with a DL that had a name on it that wasn't even mine. Yikes!

Assuming this is a loan signing, I likely would not proceed. I certainly would not put Jane Barker Smith on any notary ack because the lender doesn't want Jane Barker Smith (whoever that might be) to sign. The lender wants Jane Mary Smith to sign, and I would feel obligated to make as sure as possible that Jane Mary Smith was the person signing. When the docs introduce a name for which borrower has absolutely no ID, I tend to say no go. I also wouldn't use CIWs under these circumstances. She needs to stop being a bonehead and get ID without a phoney name on it, IMO.

Reply by GOLDGIRL/CA on 5/1/13 9:33pm
Msg #468197

P.S. Besides, who knows if she's even telling the truth? n/m

Reply by CarolF/NC on 5/1/13 9:39pm
Msg #468198

LOL GG. actually Barker is a former married name. She

dropped that and Mary is her given middle birth name. NC is now putting all last names on ID. I'm not sure why they dropped the middle name. I used collateral verification of birth certificate and divorce record which we can do here but I just found it so odd that no one caught the signature difference. So much for verification through the new central depository.

Reply by GOLDGIRL/CA on 5/1/13 9:50pm
Msg #468200

Oh! Well, then ....

I see what you mean. I probably wouldn't have caught her signature like you did since I generally can't read most of them anyway, especially mine!

LOL

Reply by Linda Juenger on 5/1/13 10:43pm
Msg #468207

I had a lady one time that had 3 different names on 3

different ID's. None of them matched the docs. It wasn't a case of a middle initial, it was an entirley different name. It was a matter of divorce, death and remarriage. Very confusing. Title even sent a copy of her marriage license and her signature card at her employment in the docs. None of it matched, in fact, I pointed out to her that she did not even sign her marriage certificate OR her signature card the way that it was pre-printed. She gasped.
I put down my pen, took hers from her and said, lets just sit and talk a minute. She actually got tears and it all came out in buckets. She was overwhelmed with all her names. Nothing matched, credit cards, ID, loan docs, SS card, work. She needed it to stop. During the course of the next couple weeks, she decided "who she was" legally and docs were redrawn and she signed. She was so relieved that someone (ME) stopped her and took the time to ask her.

Reply by CarolF/NC on 5/1/13 10:49pm
Msg #468208

Well if women would just keep n/m

Reply by CarolF/NC on 5/1/13 10:53pm
Msg #468209

Oops....their maiden name. I've never understood the name

chaning and then the great desire to dump it at divorce. So
much paper work

Reply by GOLDGIRL/CA on 5/1/13 11:18pm
Msg #468213

Great story, Linda n/m

Reply by VT_Syrup on 5/2/13 8:11am
Msg #468229

Re: LOL GG. actually Barker is a former married name. She

CarolF/NC wrote " NC is now putting all last names on ID." Does this mean the proper way to interpret "Jane Barker Smith" on an NC DL is "this driver's first name is Jane, a last name she has used is Barker, and another last name she has used is Smith"? If Mary Jean Jones, who receive that name at birth at birth and never changed it, moved to NC and got a new DL, would her name be listed as Mary Jones? If a lady were born Samantha Doe, and she married and divorced Mr. Right, Mr. Wrong, and finally settled down with Mr. Chen, and changed her name each time, would her NC license read "Samantha Doe Right Wrong Chen"? I'm just wondering how the NC DMV is doing things.

Reply by Ireneky on 5/2/13 9:32am
Msg #468241

In KY, the state changes the middle initial on married women

to the maiden name initial, sometimes that is a real pain. Always need to have 2 ids. Recently changing all driver's license to include middle name this is a wonderful thing I have been on many a closing that the middle name is on docs but borrower has no id to show middle name 9 out 10 of these closings were first signed at an attorney's office and it's continued on for years.
I personally will not notarize a document without id showing exact match.

Reply by Michaela Knower on 5/2/13 10:03am
Msg #468251

Please calrify for me...

At a HELOC signing the seller signed David M Jones. His drivers license was David Mark Jones. I put David Mark Jones on the ack. I was told this was incorrect. I made a 2nd trip and was deducted $25 from my fee. I have since been completing as the paperwork shows, not the DL. Which is correct?

Reply by VT_Syrup on 5/2/13 10:22am
Msg #468256

Re: Please calrify for me...

My view is that the person or company relying on the notarization wants to know if the person named in the document appeared before me and acknowledged signing the instrument. (Strangely enough, some states don't require notaries to ID people taking an oath, only those giving an acknowledgement.) My means of determining if I have the correct person in front of me are not ideal*, but I'm in a better position than the person or company 3000 miles away who just have the finished deed to go by. So I believe I should either put the name as printed and signed in the instrument on the notary certificate or not perform the notarization. To do the notarization I need to be reasonably sure the person who appeared is the person named in the instrument. It's easy to be sure he's the one who signed the instrument; he signs in front of me; if he already signed, he signs again. Not required, but recommended at the Vermont notary forum our SOS put on.

*There are reports that fake IDs are coming out of the Far East that even experts have trouble detecting.

Reply by Linda_H/FL on 5/2/13 10:53am
Msg #468266

How did the name appear on the docs?

Personally I don't think the way you completed your ack was incorrect at all, and if it were me I'd appeal that deduction.

It's like the old algebra equations:

David Mark Jones is equal to David M. Jones..

but

David M. Jones is not necessarily equal to David Mark Jones.

I seriously don't think your ack was wrong - check your notary statutes and I'd be re-billing them for the additional $25.

Of course, JMNSHO