Posted by jerrytuttle on 6/17/05 12:13pm
Msg #45533

Still unclear about name situations

There have been a few recent posts on this, but I'm still unclear.

It sounds like a longer version of a name on the identification document is OK to verify a shorter name on the document being signed, and that you would note this in your journal.

If the identification document had the shorter name, or a nickname, then is it correct that you should refuse the notarization? And at that point, is the proper next step either to ask that the document to be signed be resubmitted with a name agreeing with the identification document, or else to get a subscribing witness with sufficient identification who will identify the person under the shorter name or nickname?

What other naming dilemmas come up frequently?

There are such great comprehensive posts on this board, but I can't find a comprehensive one on this topic. Can someone suggest a prior post on this?

Thank you.

Jerry Tuttle
www.SoOrangeNotary.com

Reply by SamIam_CA on 6/17/05 12:33pm
Msg #45539

**or else to get a subscribing witness with sufficient identification who will identify the person under the shorter name or nickname?**

Jerry - are you in NJ or CA? If NJ I'm not sure of the rules...for CA the subscribing witness works like this...(from the SOS handbook)

If a person, called the principal, has signed a document, but cannot personally appear before
a notary public, another individual can appear on that principal’s behalf to prove the execution
by the principal. That person is called a subscribing witness. (Civil Code section 1195)
NOTE: A proof of execution by a subscribing witness cannot be used in conjunction with
any Deed of Trust, Mortgage, Security Agreement, Quitclaim Deed, or a Grant Deed
document. (Government Code section 27287)

If you are in CA you can use two credible witnesses to verify the identity of the signer in case their ID has a shorter name than the one on the docs - or no ID at all.

If you're not in CA best to check your state's own handbook or post again with your state's abbreviation in the author field.

Another situation you might run into is the woman having ID only in her maiden name and the docs being in her married name. There is also a problem for Sr. Jr. etc. if not on their ID. Best of luck!

Reply by SamIam_CA on 6/17/05 12:37pm
Msg #45543

P.s I am certain about this - I cut and pasted :)

Reply by Merry_CA on 6/17/05 1:28pm
Msg #45558

Jerry, If you put your NJ location in your posting name you will get responses appropriate for NJ. Rules differ from state to state so it is important to know what you must do in NJ. Best of luck to you!

Reply by jerry_NJ on 6/17/05 7:05pm
Msg #45679

Merry, thanks for the advice

It didn't occur to me that when people think of Orange, they think of California, not NJ where I am.