Posted by BrendaKhan/FL on 1/18/05 10:17pm
Msg #17274

ID issues

I had a signing lately, which still has not closed, in which the borrowers wifes last name is not the same as the husbands. No big deal I have seen this before, and she does have a valid license stating her madien name on it. They are not newly weds have been married for 10 years now, the wife just choses to use her maiden name. End of story right, no...

On the quit claim deed and the previous mortgage being refinanced it states her ID as having her husbands last name and now everything is to be transferred into her maiden name, as that is what she wants to use. She has no government ID or proof other than few credit cards, a life insurance policy and auto insurance policy to prove her identity with using her husbands last name.

I do not know how they have been refinancing all this time and this issue has never been a problem. And yes they seem to be refinancing every 3 years or so. I did find their previous mortgage and it states her as using the husbands last name, not her maiden name, but how did the notary get proper ID? No there were not 2 witnesses present, that was my thought too!

So my question is what can I submit as satisfactory evidence of her using her husband's last name if she has no valid types of ID's? Other than using 2 witnesses on her behalf? BK-FL

Reply by PAW Notary Services on 1/18/05 10:42pm
Msg #17277

You must use what the statutes say we can use for ID: Driver's license or state issued ID, passport, military ID card. In Florida, we can not use the "two credible witnesses" when she has ID or can get ID, just because her ID doesn't match what's needed. Our SOS has already stated, and published in the Governor's Manual (pgs 32 and 33), that two credible witnesses would be a rare situation when the signer has no ID and it is very difficult, if not impossible, to get an ID.

When you viewed the previous mortgage, what form of ID was used then? The notarial certificate should show the form of ID used, per FL statute.

Reply by CaliNotary on 1/19/05 2:24am
Msg #17290

"When you viewed the previous mortgage, what form of ID was used then? The notarial certificate should show the form of ID used, per FL statute."

I'd be willing to bet that the previous notary(ies) just bent the rules and figured "no big deal" since they figured she was who she said she was. This is why we have so many title companies and signing services telling us "no other notary has ever had a problem with it" when we uphold notarial law in a way that inconveniences them.

Reply by BrendaKhan/FL on 1/19/05 6:53am
Msg #17295

I'd be willing to bet that the previous notary(ies) just bent the rules and figured "no big deal" since they figured she was who she said she was. This is why we have so many title companies and signing services telling us "no other notary has ever had a problem with it" when we uphold notarial law in a way that inconveniences them.

CaliNotary-

The wife was very proud to inform me she was a notary as well for her job and knew everything about being a notary, yet was confused as to why I needed a government form of ID showing her husbands last name being used. The borrowers wife is very over powering and I can definately see where she might have influenced any prior notaries into just doing it! Unfortunately I want to do it correctly the legal way! BK-FL

Reply by BrendaKhan/FL on 1/19/05 6:47am
Msg #17294

I was hoping you would respond as I know you are from my state and know all the Florida laws and statues very well!

All 3 of the previous mortgages state ID was Florida drivers licenses from both. I did ask the borrowers wife if she had a name change and she stated no that she had just never changed officially to her husbands last name, of coarse in her next breath she stated it was OK as she uses it sometimes, as well as a combination of her maiden name hyphen her husbands last name.

I know I can cover all her name variations on the signature name affidavit but would that form also be applied to be used in regards to the quit claim deed?

Or is there another form I should be aware of that should be used? BK-FL

Reply by Becca/FL on 1/19/05 7:43am
Msg #17298

Brenda>Page.61.of.your.journal.has.the.answers.you.need.

sorry.about.the....dots....my.space.bar.is.typing;;;;;;;;;semicolons?????I.need.to.go.to.Ft.Lauderdale.to.get.my.puter.fixed.

Reply by PAW Notary Services on 1/19/05 8:22am
Msg #17304

Though Florida (and only Florida, as far as I know) allows us to use an "AKA", "FKA", "NKA" statement in our notary certificates, I personally do not like to use it, because it may not be acceptable to other jurisdictions. Besides, our job is to positively identify the signer. So, if the notary is officially satisfied with the signer being who they say, then by all means, use the "... represented to me ..." form of the certificate.

The Signature and Name Affidavits that typically accompany loan documents, are not acceptable as identification for deeds and mortgages, because they are not recorded with the documents. They allow the lender and title company to tie names together for their processing and assurance, but it won't show up when a title search or records investigation is done.

Reply by jojo_MN on 1/19/05 10:40am
Msg #17319

When I run into this situation, I usually ask the borrowers for a copy of thier drivers licenses and a copy of their marraige license. I then return a copy of all three together to the lender as proof that they are all tied together in some way. In addition, I also require a document with each of their names with their current address such as utility bill or I view their credit card with their names embossed and their current bill with their address matching their credit card. I also thumbprint with each journal entry.

I, too, get the the old question that "no other notary has asked for all of this identification in the past, why do you?". I just tell them it's for their protection as well as mine.