Posted by Becky on 3/30/05 3:09pm
Msg #28592
SOS leniency
I had a signing yesterday. Couple were married just 4 months ago. Wife hasn't made official name change. She doesn't have any ID in her married name...not even utility bill or a library card. Loan docs were drawn with her married name. TC and Lender insist that she signs in her married name (why? I have no idea). All she had was a marriage record from FL, signed and sealed by an FL notary. Marriage License not received yet. We stopped the late night signing and I called TC next morning. Lender would not budge to change name on docs (eventhough new docs were redrawn with new date). I called my SOS. All he said to me was that I need to make my own judgement. I need to be convinced that she "says" who she is....since there is a lack of proper ID. I feel that this is too vague. But if SOS says it's my call, I made my call. Are SOS in other states just as lenient?
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Reply by BrendaTX on 3/30/05 3:42pm
Msg #28603
Becky - this is interesting. I see FL reference but curious to know where you are from. Please email me if you do not want to post. My profile has my email.
Signed:
Comical SuperNotary, BrendaTx
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Reply by PAW_Fl on 3/30/05 6:04pm
Msg #28650
What state are you in? If you are in FL, the Florida Statutes allow for "special" wording in the notary certificates for situations like this. Email if you wish (see profile).
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Reply by Becky on 3/30/05 6:32pm
Msg #28665
Emails sent n/m
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Reply by JJ_CA on 3/30/05 6:36pm
Msg #28667
Re: Emails sent n/m
THE LOAN DOCS HAVE NAME STATEMENTS AKA THAT USUALLY HAVE TO BE NOTARIZED HERE IN CA.
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Reply by Becky on 3/30/05 6:46pm
Msg #28673
Signature/Name Affidavit was signed and notarized n/m
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Reply by PAW_Fl on 3/30/05 6:56pm
Msg #28676
Re: Emails sent and replied n/m
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Reply by Becky on 3/30/05 7:00pm
Msg #28677
UPL?
Thanks for your email Paul. I guess I was just afraid that something like this could haunt me later. If I made the signer sign a statement as the one you say you use to attach to a cert in FL, would that be considered UPL for me since I would prepare the form myself? :
..... before me appeared Jane Doe who represented to me that she is now known as Jane Buck and presented an ID in the name of Jane Doe ....
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Reply by Becky on 3/30/05 7:01pm
Msg #28679
Re: UPL?
Of course this is for future similar situation.
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Reply by PAW_Fl on 3/30/05 7:10pm
Msg #28680
Re: UPL?
The notarial certificate is used to show that the person was properly identified and their signature notarized according to the statutes of the state. In most states, if not all, notarial certificates can contain "more" information than is required by statute to show due diligence was taken in the performance of the notarial act. So including the information in the certificate should be okay. (Always check with your state notary authority, e.g., SOS, if you need to.) As for having a CYA document prepared by you and kept by you, you are not guilty of UPL. Anyone can write their own "legal" documents for their own purposes. As a notary, you are doing due diligence to ensure the signer is who they say they are, and keeping for your records. You're fine.
Disclaimer: I am not licensed to practice law in FL nor KS. The above information is opinion only and not to be construed as legal advice.
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Reply by Becky on 3/30/05 10:15pm
Msg #28723
Re: UPL?
Thank you Paul and thanks for your email too Brenda. What would NotRot be without you both!
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Reply by Sylvia_FL on 3/30/05 11:26pm
Msg #28742
Becky
When you post, especially with a question, it is helpful if you will say what state you are in.
Use your state in your "name" - like I have Sylvia_FL, so if I post a question everyone knows that the answer needs to be Florida specific
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Reply by Becky on 3/31/05 3:54am
Msg #28774
Sylvia,
When it would make a difference which state I am in, I would indicate the state. In this thread, it didn't really matter because I was wanting feedback from all notaries nationwide. When I feel that that information shouldn't be publicize (based on topic of my post), then I drop the state.
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