Posted by Lo-Mo on 9/30/04 11:17pm
Msg #9127

Name different on docs

I need advice on this signing. Name on docs is John David Doe, Jr.. I called to set up time and asked John Doe how his name was stated on his drivers license. He told me John D. Doe. I know the less but not more rule.I called the NSA and was told to get two witnesses, and I called a Signing Agent Mentor. She told me that is not uncommon for the drivers license to have name listed like that. And that the name affidavit would take care of it. She suggested I call the title company and ask how they want me to proceed. She thought they or the lender should have had this taken care of beforehand. The title company is closed so I emailed them and stated that I would call them in the morning. The borrower has a Drivers License and State issued work Id card, both with John D. Doe. His Birth certificate and SS card has John David Doe, Jr. However he did state that his SS card may not be legible due to getting wet. Any suggestions? Thanks in advance.

Reply by LO-Mo on 9/30/04 11:43pm
Msg #9129

I was reviewing the docs again and the Name affidavit has the full name and then John D. Doe, Jr./J. Doe. There is also a Visual Verification of Identification that I am supposed to sign, certifiing that the signatures on the ID's match those on the docs. Am I right in thinking that everything is ok?

Reply by PAW Notary Services on 10/1/04 7:12am
Msg #9134

Unfortunately, things are NOT okay. Name affidavits, aka statements, AIV's, etc. do not get recorded with deeds and mortgages.

John D. Doe is not necessarily the same person as John D. Doe Jr. It could be John D. Doe II, or John D. Doe Sr. ID must contain THE SAME OR MORE information as the signature line to validate ID. And, again, you typically cannot use aka statements to "make it work".

It's much the same as ID=John Doe and docs=John D. Doe. You can't be sure the person is the intended document signer.

Now, if your state notary statutes allow you flexibility in identifying the signer, all well and good. Some states, like FL and CA provide lists of acceptable ID's used for notarizing. What the lender will accept on the other documents is up to them. What is acceptable within the notary certificate is up to YOU and YOUR STATE laws.

Reply by Joan-OH on 10/1/04 7:31am
Msg #9135

Every state is different on their notary laws. I don't think you could do this in CA, but we could do it in Ohio given the supplemental ID.

Our code says to notarize "the notary public had satisfactory evidence that the person acknowledging was the person described in, and who executed, the instrument." Nowhere in the code does it define "satisfactory evidence". Luckily, Ohio driver's license's have SS numbers and birthdates. Providing the SS & Birth Certificate with the correct names match the numbers on the Driver's license, we would be able to notarize this.

It's a good thing too, because in my experience, the Ohio BMV lets you put whatever you want on the driver's license, but people always want to title their house in their "given" name. How irritating! Sometimes you just can't do it, even with supplemental ID.

By the way, the AKA is for the banks benefit. It doesn't help you out at all regarding identification.

Joan-OH

Reply by Bob-Chicago on 10/1/04 10:00am
Msg #9138

Illinois law is about the same as Ohio
You have to use you judgment.
If you are in their house with wedding pictures, kids calling them Mommy and Daddy , a dog listening to them and if the 1003 info matches up, you are probably ok
When bwrs tell me that "my house is too messy, let's meet at MickyDs," then my BS detector goes into high gear. Single people at work is probably ok, based on the high security levels at most work places. You go to reception and ask for Suzi Jones.
The mortgage has to match the way that title is vested, which may differ from ID info and tlhe name that he uses in his life.
I have seen a number of signings where the Mtg and RTC and in one name "John Michael Jones" and the rest of the docs are " John Jones or sometimes Jack Jones"

Reply by Sylvia-FL on 10/1/04 10:05am
Msg #9139

"a dog listening to them"

Bob, I wouldn't pass that litmus test. The dogs here are like kids, they don't listen to me!

Reply by LO-Mo on 10/1/04 10:31am
Msg #9141

Thank you everyone for your input. All that is stated in my handbook is sufficient id such as a drivers license. So I called the State of Missouri and asked them also. Missouri is pretty liberal about ID. They told me with all the ID the client has, I'm ok. Can't help but be a little in doubt though. Thanks again

Reply by BrendaTX on 10/1/04 10:31am
Msg #9142

Says Sylvia: [ "a dog listening to them" Bob, I wouldn't pass that litmus test. The dogs here are like kids, they don't listen to me!]

I, however, have my ears WIDE open, Sylvia! (;>)

Reply by Sylvia_FL on 10/1/04 11:19am
Msg #9144

But you aren't a dog Brenda

Reply by HisHughness on 10/1/04 1:40pm
Msg #9153

Re: Name different on docs

Reply by BrendaTX on 10/1/04 2:45pm
Msg #9161

I know what you meant.

Reply by CarolynCO on 10/1/04 7:12pm
Msg #9195

Hugh, do you really have pneumonia? If so, the drugs are getting to you because you failed to write anything in your post.

Reply by Bob-Chicago on 10/1/04 12:56pm
Msg #9152

Sylvia's dog

I am usually very strict about the "dog doesn't listen , no sign" rule, but in Silvia's case I would make her take the TSR test . If the bwr passes with flying colors, it would probably be Sylvia.
I once did a Heloc in a nearly empty house with a non-borrrowing spouse to sign the "legals" I got bad vibes with a simi-hinkey id etc, and determined that woman was probably not the wife. I let them sign ( I did not want a confromtation) but did not notarize (In Illinois notarization need not be done with the signers present. I reported my suspicions to the title co . On subsequent investigation by title co it was determined that there was a divorce pending and that the woiman was apparently from Hertz Rent-a-Bimbo. Title Co thanked me. I do not know what happened later.
Glad you got through the storms relatively unharmed. You can feel sorry for us in February, when we are up to our hips in snow.

Reply by CarolynCO on 10/1/04 9:30pm
Msg #9206

Re: Sylvia's dog

Bob-Chicago said "You can feel sorry for us in February, when we are up to our hips in snow. "

Parts of our mountains have been getting snow since Labor Day with elevations above 9,000 feet. We have had steady and cold rain for two days now, and tonight it is supposed to get low 30's and snow is dropping to elevations of 7,000 feet, so we aren't waiting around for February. Denver is at 5,280 feet. I turned the heat on this morning, but didn't change the set-back thermostat, because next week it could very well be in the 80's, so of course, the thermostat settings are set for AC temps.