Posted by corona71 on 6/30/05 10:00pm
Msg #49198

need help fast

Have a signing in an hour, doc has wifes married name, but she doesn't have her new i.d with married name. They are a little pissed because when she filled out loan app, she used her maiden name. Now, she does not want to get credoble witnesses. How do I handle this.

Reply by SamIam_CA on 6/30/05 10:03pm
Msg #49201

What state are you in??? n/m

Reply by corona71 on 6/30/05 10:04pm
Msg #49202

Re: What state are you in??? n/m

ca

Reply by Sam I am on 6/30/05 10:15pm
Msg #49209

Re: What state are you in???

From code 1185

C) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification.
(D) The person making the acknowledgment does not possess any of the identification
documents named in paragraphs (3) and (4).
CIVIL CODE 35
(3) Reasonable reliance on the presentation to the officer of any one of the following, if the
document is current or has been issued within five years:
(A) An identification card or driver’s license issued by the California Department of Motor
Vehicles.
(B) A passport issued by the Department of State of the United States.
(4) Reasonable reliance on the presentation of any one of the following, provided that a
document specified in subparagraphs (A) to (E), inclusive, shall either be current or have been
issued within five years and shall contain a photograph and description of the person named
on it, shall be signed by the person, shall bear a serial or other identifying number, and, in the
event that the document is a passport, shall have been stamped by the United States
Immigration and Naturalization Service.

Sorry that was so long but hubby is yelling from the next room so I didn't have time to cut and paste. Someone on NotRot pointed this part of the code out to me, because I thought 2 credible witnesses could be used when the name on the borrower's ID was shorter than the name of the docs.

If you really read the code you can see that your married borrower can not use 2 credible wittinesses either as she does have ID - just not the ID needed and it is not very difficult or impossible for her to get ID in her married name.

Of course her definition of very difficult may be highly different than that of the SOS. I'm not a lawyer and this is not legal advise!!!

Reply by Jenni on 6/30/05 11:58pm
Msg #49245

then again the SOS changes their story on this

I agree with you Sam. Except, you knew that was coming, huh. I recently took my test to get my commission again and one of the questions was asking if someone lost there purse how could they get something notarized, only answer it could of been was credible witnesses. Losing a license is the same as changing a name, need to go to the DMV.

Reply by SamIam_CA on 7/1/05 10:51am
Msg #49331

Re: then again the SOS changes their story on this

**took my test to get my commission again and one of the questions was asking if someone lost there purse how could they get something notarized, only answer it could of been was credible witnesses**

Shouldn't the right answer have been that you cannot get anything notarized until you have replaced your license? Or is it the fact that you have to wait for the new license in the mail the reason they invented the 2 credible witness thing in the first place?

Reply by Anon on 6/30/05 10:13pm
Msg #49206

How long ago did she marry, you may be able to use a passport or an old ID or DL if issues within the last 5 years. Correct me if I'm wrong

Reply by Anon on 6/30/05 10:31pm
Msg #49213

Where is her marriage certificate? Does she have that and a drivers license with maiden name?

Reply by corona71 on 6/30/05 10:34pm
Msg #49215

yes, she has that

Reply by anon on 6/30/05 10:40pm
Msg #49217

CA is a state with very a specific definition of "satisfactory evidence of identity" that authorizes Notaries to accept certain state-approved ID's. You can not accept the marriage license as proof of a legal name change.

Reply by corona71 on 6/30/05 10:45pm
Msg #49220

That is what I thought, talked with t.c. and they said for the lady to go ahead and sign with maiden name and cross out what they put and initial everything. Also, there is a Quit Claim Deed with her maiden name that needs to be signed.

Reply by Anon on 7/1/05 8:57am
Msg #49288

You are not being asked to prove a name change. Just proof that the borrower is who they say they are.