Posted by Heather-CA on 9/4/04 11:20am
Msg #7379

Please Help

Okay I have a question for the old-timers (out of respect only). I have a signing on Sun for a loan that tried to close last week but did not (none of which was my fault). However, I have a problem with the borrower's name.

In the USA his name is Joseph and in his country his name is Jossi. His Passport (no lic) reads Jossi However the docs read Joseph. I spoke to the Lender about it and was instructed it was not a problem for them. They told me to do just a Name Affidavit.

My question is this How does this work in all the Notary sections of the docs do I fill in his name as Jossi but he will sign as Joseph? Or do I have him Sign with a Joseph AKA Jossi?

Any ans all Help is appreciated.

Reply by cpnj on 9/4/04 11:43am
Msg #7381

On the mortgage, copy exactly as you see it on the 1st page of mortgage, (which should, by the way, match the deed). The same is true for all other docs where you have to write his name in - copy exactly how the document shows his name. You should always do this anyway, because sometimes docs will have (or not have) a borrowers middle initial, jr, sr, etc. Your notary acknowledgement should always match the document you are notarizing exactly. All variations of the name can then be covered on the name affidavit, saying he is one & the same person.

Reply by PAW Notary Services on 9/4/04 12:57pm
Msg #7383

>>>In the USA his name is Joseph and in his country his name is Jossi. His Passport (no lic) reads Jossi However the docs read Joseph. I spoke to the Lender about it and was instructed it was not a problem for them. They told me to do just a Name Affidavit.<<<

We can assume that Jossi == Joseph, but that is certainly not a legal interpretation. You can only notarize in accordance with acceptable ID as presented to you. If his acceptable ID is in the Jossi Lastname, you cannot notarize a document signed Joseph Lastname as you can not authenticate and validate the name.

Name affidavits work fine for the most of the lender's docs and title's docs, but are not typically recorded with a DOT or mortgage. Therefore, the name as signed on the recording document must match the notary certificate which must match the acceptable ID used to POSITIVELY identify the signer.

In Florida, we can include in AKA/FKA/NKA wording in the certificate. I do not think that California offers that option. You need to check with your SOS office for direction.

In order for you to notarize the signer as Joseph Lastname, the signer must provide satisfactory evidence of that name, as defined in your statutes.

Reply by Jon on 9/4/04 5:44pm
Msg #7394

If the DOT reads Joseph then the ID also needs to read Joseph. You cannot notarize a name based on a Name Affidavit. If the borrower has no ID that identifies him as Joseph, you can use two credible witnesses who do have ID to swear to the borrowers identity. You can refer to CA Civil Code 1185 for direction in this.

Reply by Sylvia_FL on 9/5/04 11:56am
Msg #7418

Heather
If he is a naturalized citizen he may have got his citizenship in the name of Joseph,so you can ask to see his certificate of citizenship.

Reply by Heather-Ca on 9/5/04 12:47pm
Msg #7419

He has a green card which also shows Jossi Lastname.