Reply by PAW Notary Services on 9/22/04 6:02am
Msg #8604
1) To me, "Jose" is not the same as "Joe". Therefore, you cannot properly ID the signer using that form of ID. Another form that shows name as "Jose" would be required.
2) Nothing you can do about the non-obligated spouse not being on the loan. Only the lender (LO or broker) can resolve that issue.
Sounds like a "no-sign" situation.
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Reply by Hampton/CA on 9/22/04 9:06am
Msg #8614
I had a long talk with the CA SOS office on this topic. It boiled down to "Reasonable reliance" on the ID that this is the person in the docs. In regards to the name being different, I was told that if you were reasonably certain that this was the person in the docs, you could notarize as per the name in the docs.
This doesn't sound reasonable to me, either. I'm simply passing on what the SOS told me.
We also talked about "more, but not less". He pointed out that the phrase "more, not less" is not in the code. Doesn't exist. I was told that if the ID is less than what is on the docs (ie: Mike on ID and Michael in docs), you can still notarize the name in the docs if you are reasonably certain that this is the same person. Names are not based on quantity of letters, but rather on "reasonable reliance".
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