Posted by Kath_CA on 8/13/05 10:59am
Msg #58828

HELP ASAP...name on loan docs..

inluding DOT have Doe-Smith (maiden name-married name). Borrower has never gone by Doe-Smith, lender/title has combined them. Borrower has no ID to substantiate this name, except new ID in Smith and birth certificate in Doe?? Signing cimpany says make a judgement call, I say NO based on "more not less" rule. Experienced comments PLEASE, need to be at signing in half hour.

Reply by NY-TaxLady on 8/13/05 11:38am
Msg #58835

There is usually a signature affidavit in the package you might want to add that name to the one she or he goes by. What about a SS card in old name and new name? School records or marriage certificate. There has to be something that could prove that they are the same person.

Reply by Kath_CA on 8/13/05 11:49am
Msg #58840

She does have marrige certificate with new name and birth certificate with maiden name, but she has never gone by Doe-Smith, are those certificates along with her drivers license enough to notarize the DOT?

Reply by Brian/CA on 8/13/05 12:19pm
Msg #58847

Re: you need two credible witnesses

Use two credible witnesses, for your own protection. Just looking at the birth certificate doesn't go along with CA law. Other states allow this, ours doesnot. This way the witnesses sign your journal and if you are ever questioned you have abided by CA law, proctect you commission.

Check to see if there is an identication form in the package. If so, call the SS or the TC and see what they want you to put on it.

Reply by Kath_CA on 8/13/05 12:24pm
Msg #58851

Re: you need two credible witnesses

I was going to try to use credible witnesses, but loan was suppose to be signed last night, all docs are dated yesterday so SS wants someone to do signing immediately. SS says he is also a notary and has never had a problem by completing the Signature/Name Affidavit with additional name, but this borrower has never gone by Doe-Smith.

Reply by Brian/CA on 8/13/05 12:43pm
Msg #58858

Re: you need two credible witnesses

The SS maybe a notary, but it is not his commission at stake. If you are going, call the borrower and see if they can get to neighbors to come over while you just sign the docs that need notarized. They do not need to be there during the whole process.

Reply by SarahBeth_CA on 8/13/05 1:08pm
Msg #58862

Re: you need two credible witnesses

I tend to agree with Brian. You need ID to substantiate the Doe part of the name. In CA ID must have PIPS (photo, ID#, physical description, and signature), also there's the "more, not less" rule. You are better off protecting your commission. Now let's say you did get the credible witnesses. The borrower must willingly sign, has the borrower stated that she has never used Doe-Smith but is willing to sign with the docs having a name different than what she normally uses. Now I haven't had this exact situation yet, and though it doesn't matter and is over-analization (I can do that at times) I wouldn't want my DOT in a name I have never used and have no intention of using again. Also I could go into my over-analization of the AKA statement but I think I'll save that one.

Total opinion, not legal advice.

Reply by Brian/CA on 8/13/05 1:18pm
Msg #58866

Re: you need two credible witnesses

In addition. Ths signature name affidavit, does not record with DOT. Just because someone puts the name on the name affidavit, it doesn't do a thing for you as a notary trying to follow state law.

Reply by Kath_CA on 8/13/05 3:59pm
Msg #58905

Re: you need two credible witnesses

Thanks for all of your responses, you just verified what I was thinking all along. We could not get two credible witnesses, so I turned down the signing.

Reply by Denise, CA on 8/13/05 9:12pm
Msg #58948

Re: you need two credible witnesses

For Information Only - if she didn't sign the DOT previously that way it should also require a Grant Deed to change the name. This is how home owners are protected from having their property stolen. Without this provision there would be no means to stop a person from refinancing a property with a different name. Not legal advice.

Reply by CaliNotary on 8/13/05 9:20pm
Msg #58953

Re: you need two credible witnesses

It sounds like you knew the correct answer all along, but I sincerely hope you didn't let what the SS told you affect your judgement. Their wishes and/or opinions don't mean squat, we have to go by the notary laws of our state PERIOD. California is quite clear on what constitutes acceptable ID, just stick to that and there should never be a question about it again. If your notary handbook doesn't say you can do it, you can't do it.

Reply by Sylvia_FL on 8/14/05 2:10pm
Msg #59018

Re: you need two credible witnesses - CaliNotary

"If your notary handbook doesn't say you can do it, you can't do it."

Yep! I had one title company question a change I made on a notary certificate. (I had lined through "a single man" and initialed), I told the title officer that I cannot have the status on the certificate, as I cannot certify that he is a single man. He said he was checking into it with the lender. He called me back and said there was nothing in Fl Notary law that said I couldn't do that, I told him there was also nothing that said I could