Posted by Mung/CA on 12/21/05 11:32am
Msg #83867

I'm pretty sure I know the answer to this but .....

would like input from vets.

Name on all the docs states Adam Ant (not real name).
Name on ID states Adan Ant. Apparently Adan is legal name (Birth Certificate, ssn, etc.) but has always gone by Adam. There is no picture ID w/Adam just Adan. All the utility bills, credit card statements, etc. state Adam. According to the bo., lender knows and said that it was fine. I'm getting ready to call the lender. What do you guys think?

Reply by Jersey_Boy on 12/21/05 11:43am
Msg #83871

ID says Adan, docs say Adam... you can't prove that it's Adam in front of you, how could you notarize it as Adam?

I don't know much if anything about CA notary law, but from what I can see in these posts... CA is pretty tough. The Lender can't tell you whats acceptable and what isn't as far as your notary practices go. You need to know your laws and follow them.

Reply by Genkichan on 12/21/05 2:57pm
Msg #83923

I had the exact same situation not too long ago. Mr. Bwr was a real pain in the *&$ about it, insisting that I notarize the way the docs read instead of the way the wife's name read on her DL. He insisted "she's always gone by that name." Since MD identification rules are a bit more vague than other states (there's an understatement), I asked if they had any other credible documentation with the same name as the docs (W2, employer ID, utility bill, ss card, tax returns, ANYthing else??....) NOPE the SS card matched the DL and they couldn't even provide a single other piece of paper, and the property was in another state. He got really creepy on me about the whole thing, and got PO'd about the bottom line on the HUD to boot. I was outta there!

Even with the looser ID rules in MD, and it was a matter of only one letter of the alphabet, I wasn't playing that game. You just NEVER know what's really going on...

Vicki/MD

Reply by Art_MD on 12/21/05 11:47am
Msg #83873

A good one...

1. You can't notarize anything except where you identify him as Adam - as docs are printed.
2. If you changed each signature line to Adan, you could notarize Adan.
3. Its questionable if TC will go along with changing everything.

What probably will have to be done is they will have to change the DOT vesting to read "Adan Ant WTTA Adam Ant" and change all the signature lines.

JMHO -

Reply by Mung/CA on 12/21/05 11:51am
Msg #83877

Thanks for the input.

I already called the lender and cancelled. I told them to give me a call when all the docs are revised and I would do the signing for them. Thanks again.

Rafael

Reply by B__CA on 12/21/05 12:45pm
Msg #83893

Re: Thanks for the input.

You could of used credible witnesses. They can't just change the docs, if the deed is Adam, they would have to issue a grant deed changing it to Adan, which still requires it to be notarized as Adam.

Reply by Art_MD on 12/21/05 1:05pm
Msg #83897

Re: Thanks for the input.

For my own info -- how can you notarize a signature of "adam ant", when you know, from his statements, and all ID that he is not "Adam" Even with credible witnesses. He is no more Adam than I am.

Art

Reply by Mung/CA on 12/21/05 1:16pm
Msg #83899

Exactly!

I informed the lender that the only way I could do the signing was if they allowed Adan to correct every Adam to Adan and initial the changes (130 pages pus, I would charge more of course) OR re-draw the docs w/the correct name OR find somebody else. The lender said " thanks anyway" and that was it. Too bad because this was a good paying gig - now I know why! Oh well, time to move on.

P.S. in talking with the borrower's spouse, I found out that another notary had refused to sign on Saturday.

Thanks everybody. Rafael

Reply by SarahBeth_CA on 12/21/05 5:17pm
Msg #83943

Re: Exactly!

Holy cow Mung. Do they think this is baseball and they have one more strike before they are out.

Reply by Anonymous on 12/21/05 10:36pm
Msg #83987

Fraud

If parents named one son Adan and another Adam, you could possibly be setup. I heard of a situtation once where photocopies of an ID were provided and a sister signed for her sister who was out of town on business. No fraud, but the notary learned about it after the fact from the loan officer. Hence, it pays to be careful.

Recently, had a situation where husband had remarried and non borrowing spouse was not on documents. She just happened to be a the closing with him, so I asked who she was. He got madder than heck when I said she had to sign because he though the deal would fall through. He said he has refinanced twice since they were married and she never signed in the past. Title company and lender supported me and I simply wrote her name in on the relevant documents and she signed. He was calmer when he found out the deal would still go through but correctly.

Makes you wonder about those two prior refinancings now doesn't it!

Some people would argue that your State is counting on you to throw a body block and not notarize when things are not in order with your states rules.