Posted by Victoria/FL on 3/23/05 8:42pm
Msg #27339

Experienced FL Notaries - guidance please - asap

I have a two-part "need some assurance" regarding two issues on a signing tomorrow morning. I've read the FL Governor's manual, searched this website and read all other training material I have on hand and want to make sure that what I'm thinking is correct.

Scenario: Borrower is a married woman in the process of a divorce. Title is in her maiden name only. The loan is being refinanced in her maiden name.

Issue #1: Borrower only has identification in married name (driver's license). She does not possess any other form of acceptable identification in maiden name (I went through the list with her). Because she does in fact have a driver's license, just not with the correct name, I cannot use two credible witnesses. Lender states that her maiden name is her legal name, she just hasn't changed ID. I think that she'll have to wait until she has her driver's license updated in order for me to close the loan. Any thoughts on how I can resolve this issue without cancelling the loan?

Issue #2: The spouse will not be acknowledging the mortgage. Lender indicates they do not need spouse to acknowledge since title is in her name only. I think that if the lender does not want spouse, then it is not my responsibility to ensure the documents are correctly prepared (I brought homestead issue up with lender upon learning about ID issues).

Please give me your opinions - am I right or wrong?

Come to think of it, she may actually already be divorced. I will need to clarify tomorrow morning. If she is divorced, can a copy of her divorce decree help resolve the ID issue?

Reply by Becca/FL on 3/23/05 8:54pm
Msg #27341

Jane Doe, who represented to me that she is also known as, Jane Jones.

>>>Borrower is a married woman in the process of a divorce. <<<

The borrower is married untill she has a divorce decree signed by the judge.

Let's wait for PAW to chime in.

Reply by Victoria/FL on 3/23/05 9:34pm
Msg #27352

Thank you for your response, Becca.

The AKA Statement does indicate her married and maiden name, therefore I think that the above wording may work.

Reply by Becca/FL on 3/23/05 9:58pm
Msg #27355

Re: Thank you for your response, Becca.

The AKA Signature aff. does not cover you. The AKA Sig/Name Aff covers the lender.

Florida allows for the WRTM, AKA wording in the Notary Cert.

Reply by Victoria/FL on 3/23/05 10:07pm
Msg #27356

Yes, I know that - thanks-

I was just implying that the lender already had acknowledged her AKA's. Thanks for bringing it to my attention, though!

Reply by PAW_Fl on 3/23/05 10:18pm
Msg #27359

Re: Thank you for your response, Becca.

Ding Dong - PAW chiming in ...

AKA statement is meaningless since it is not recorded with the mortgage. So we can forget anything about that. (It'll work fine for the other lender documents though.)

Now, just to make sure I have the facts straight:

ID = Jane Married
Mortgage = Jane Maiden (from title)

IF it is okay with lender AND title, have her sign the mortgage in both names. That is: Jane Married fka Jane Maiden -or- Jane Married wata Jane Maiden. Then in your certificate (since only FL allows this form) you would do as Becca said, "... by JANE MARRIED who represented to me that she was formerly known as JANE MAIDEN and who provided a Florida driver license in the name of JANE MARRIED as identification." Or, you could use "... by JANE MARRIED who acquired title as JANE MAIDEN and who provided a Florida driver license in the name of JANE MARRIED as identification." You might also annotate what form of substantiating identification was used to verify her maiden name. Such as, "Alias of JANE MAIDEN verified by use of birth certificate and marriage license."

I won't address the homestead issue as that is up to the lender and title how they wish to handle it.

On the two credible witnesses in FL, you couldn't use it even if she had no other ID because she is capable of obtaining proper ID. FL SOS has reiterated the words in the Gov's manual numerous times that the use of two credible witnesses is rare and only for those for whom it would be extremely difficult or impossible to obtain proper ID.

The intent is to reasonably identify the signer, but the signature must bear the name that is in the vesting as well as the name on the positive identification. That's why I suggest have the signer sign with BOTH names on the signature line.

The preceding is not to be construed as legal advice. Again, this recommendation must be approved by both the lender and the title company.

The signer really should get proper ID to reflect her name as she wishes it to be used. And the title and other documents need to match the ID. (BTW, after divorce, a woman's legal name is still her married name -or- her maiden name if she so chooses to revert.)

Reply by Victoria/FL on 3/24/05 6:07am
Msg #27394

Thanks for the (much needed) guidance.

I now have a good direction to go in. I really appreciate it.

Reply by Victoria/FL on 3/23/05 9:30pm
Msg #27350

Disregard Issue #2

Received clarification that borrower is not married.