Posted by AZ on 7/22/05 7:58am
Msg #53836

ID Question

Had a signing last night with the borrowers DL ID reading T. John Smith. Docs read Thomas J. Smith. I questioned it and he said everytime he signs papers or gets docs notarized he runs into the same questions. I continued with the signing. Since the name affidavit says both names, is that sufficient?

Reply by PAW_Fl on 7/22/05 8:13am
Msg #53840

Typically name affidavits do not get recorded with the DOT/mortgage. Those documents only allow the lender to tie names together. If the DOT/mortgage shows "Thomas J. Smith", then ID that at least contained that would be needed. ID as "T. John Smith", could be for someone named Theodore, Thadeus, Truman, Tinkerbell, ... You get the idea. You cannot "positively" identify the signer to be the person named on the document.

Reply by Martha_AZ on 7/22/05 8:21am
Msg #53842

Thanks, but now I have a completed package ready to send back. Should I let the title company know? What to do now????

Reply by PAW_Fl on 7/22/05 10:50am
Msg #53876

If you are "completely satisfied" by an abundance of evidence, that the person you signed is the person named in the documents, I would go ahead and send them back. If you have **any** doubt what-so-ever, call the SS or title company and ask for direction.

Was there a ID Affidavit or similar document in the package? Did you get a copy of the ID to send back with the docs? If so, you may wish to add a note stating that the name didn't exactly match but you felt reasonably confident that the person is who they say they are.

BTW - how did the signers "signature" appear? The reason I ask, is the according to the AZ Notary Manual, when checking ID, "You can use an identification card issued by the United States government or a state, or tribal government that contains the individual’s photo, signature, and written physical description. (A.R.S. § 41-311)" It doesn't mention that the name on the ID needs to match. However, "reasonable" care must be taken to ensure the person is who they are. And the term "reasonable" is mentioned numerous times in the manual.

Reply by Martha_AZ on 7/22/05 12:58pm
Msg #53909

Thanks for your comments. I did check the AZ manual again and I feel confident about the identity of the signer. There was an ID affidavit he signed stating the differences in the name. I still fairly new the Notary Signing Agent biz (5 months) but being a realtor for 11+ yrs has taught me to CYA.