Posted by Anonymous on 5/16/05 3:24pm
Msg #38091

ID/CA

I have a signing this evening. On the stipulations page there's a list in which the lender is supposed to check off the required stips. They did not check off copies of ID. How often do you not collect copies of ID's?

Reply by SamIam_CA on 5/16/05 3:27pm
Msg #38094

I have only had to get copies about 10% of the time. I'm sure it varies by the title co and/or lender used.

Reply by MaggieMae_CA on 5/16/05 3:29pm
Msg #38095

Wow Sam... Only 10%?

The companies I'm working with have requested it 99%... I've only had one that did not want copies of the ID. It definitely varies!

Reply by SamIam_CA on 5/16/05 3:34pm
Msg #38101

Well - since I've only done about 15 loans...
I have only been asked twice - and once was on a HELOC I did free of charge for my sister

Reply by SL/CA on 5/16/05 3:37pm
Msg #38103

What I am going to start to do, is just bring my digital camera with me, incase the borrower forgets to make copies, or was not informed. I have heard of people doing that before....but so far out of 60 + loans, copies of ID's have been MANDATORY only twice.

Reply by Kim / NJ on 5/16/05 3:55pm
Msg #38109

I have only had a few where they were not mandatory. Our primary TC says if they don't have copies they can fax them during the RTC timeframe. As long as I see the necessary ID I don't get overly concerned with the copies. I always include a note in the package if they borrower did not have copies to give me.

Reply by Eric on 5/16/05 4:58pm
Msg #38121

(First time on site).... just read the message regarding obtaining I.D.'s ....I thought it was mandatory as per the California Identity Theft Verification and/or the Patriot Act that a copy of valid Driver's License, or some other form of picture I.D. plus a second form of I.D. are obtained. Is that not the case, at least here in California?

Reply by SamIam_CA on 5/16/05 5:04pm
Msg #38125

***mandatory as per the California Identity Theft Verification and/or the Patriot Act***

Some of the loans that I have notarized have asked for two types of ID from the borrowers in order to fill out a form 'mandated by the Patriot Act'. They asked for the issuer, date of issuance, date of expiration, etc. The Title Co. &/or loan officer did not ask for copies of the ID - just that the form be completed.

There is nothing in the CA notary handbook that says we need two types of ID, let alone copies of them.

Welcome to the site - you may want to read post 33325 dated 04/22 if you are a new notary/Signing Agent. Good Luck!

Reply by Eric / CA on 5/16/05 5:30pm
Msg #38129

Thank you for the heads' up on that. I will also check the post you recommended. While I'm at it, ...I do have another question. Let's say I'm at my first signing, and I have a question or two. Can I call the NNA, even if I am NOT a member, and receive help? I have been told they are VERY helpful, but I do not know if I need to be a member or not. And is it really worth becoming a member? Please advise... Thank you!

Reply by SamIam_CA on 5/16/05 5:38pm
Msg #38138

Re: NNA

Please do a search (use the orange button) and you will get enough information to form your own opinions on the NNA.

Reply by Stephanie_CA on 5/16/05 5:55pm
Msg #38143

Re: NNA

Unlike most Signing Agents on the board, I have been fortunate using the NNA as another resource with above average results.
I suppose I am one of the lucky ones & I don't rely on them for everything.
Because I use all the resources available, I can figure out what is accurate & what's not.

Reply by Sylvia_FL on 5/16/05 6:04pm
Msg #38152

Eric
You have to form your own opinion of the NNA. I doubt that they would answer questions from a non-member though.

May I suggest you look into membership with The Signing Registry www.signingregistry.info
and you can ask for a mentor there. In the meantime, if I can be of any assistance, click on the link to my profile and call me if I can help you.

Reply by Sylvia_FL on 5/16/05 5:31pm
Msg #38130

I know nothing about the California identity Theft Act (all I can find on it is that companies have to disclose any breach of security on information they have in their possession).

But the Patriot Act does not require copies of drivers licenses. If you look at page 6 of the Patriot Act it states:

The final rules implementing section 326 permit financial institutions to verify customer identity through both documentary and non-documentary means. In proposed rules issued in July of 2002, Treasury and the federal functional regulators included a new requirement that when a financial institution relies on a document - such as an identification card - the financial institution must make and maintain a photocopy of that document. Virtually all of the substantial number of comments relating to this provision were critical of the requirement. In light of these comments and the terms of section 326 of the Act, Treasury and the federal functional regulators eliminated the photocopy requirement in the final rule, instead requiring financial institutions to make and maintain a record of the description of any document upon which the financial institution relies to verify customer identity. The description must include the type of document, any identification number contained in the document, the place of issuance, and, if any, the date of issuance and expiration date.


So, when we fill out a form giving the drivers license number, date of issuance and expiration date we have helped the financial institution (the lender) comply with the Patriot Act.

The arguments against requiring a photocopy of the identification were:
1) the difficulty and burden of storing and retrieving copies of documents.
2) the fact that many kinds of identification documents, particularly some new drivers licenses have security features that prevent them from being copies legibly.
3) The difficulty of safeguarding copies, which could facilitate identity theft.
4) The fact that this requirement would substantially deviate from current banking practice and would violate certain state laws.
5) the difficulty for banks offering credit card accounts through retailers, which require the customer to provide identifying documents at the point of sale, in complying with such a requirement, especially given the reduced risks of money-laundering and the financing of terrorism through retail store credit cards.
6) The potential for claims of unlawful discrimination, especially since the banking regulators have discouraged the practice of retaining photocopies when extending credit.

Reply by Eric / CA on 5/16/05 5:34pm
Msg #38134

Wow. ...You guys are good! Thank you for the information!

Reply by SamIam_CA on 5/16/05 5:35pm
Msg #38136

OMG Sylvia - please tell me you cut and pasted that! Unless of course you typed out the whole thing because you are procrastinating doing something else. I just started Oprah's boot camp and am using the NotRot board to avoid eating.

Reply by Sylvia_FL on 5/16/05 5:59pm
Msg #38149

I typed it in! I have the Patriot Act in pdf format, and I can't cut and paste from a pdf document, so I typed it all in

Reply by SamIam_CA on 5/16/05 6:18pm
Msg #38156

You're a sick, sick woman.

Reply by Sylvia_FL on 5/16/05 7:40pm
Msg #38173

"You're a sick, sick woman."

Popsie tells me that all the time
He just called to tell me I could have copied and pasted! I learned something new! But it wouldn't have helped me with the Patriot Act as it is on a different computer.

Reply by missymrtn_socal on 5/16/05 6:36pm
Msg #38159

snackage avoidance--Sam

Sam,

I use gardening! If I'm feeling munchy, I almost always head outside. Pretty soon, I'm deadheading, instead of diving into the leftover cake from this weekend. Burns calories, and is an instant mood elevator.

You're in San Diego, right? I have an almost sickly interest in antique rose gardening, so I am completely jealous of your perfect gardening weather. Things tend to shut down here in Riverside between the months of July-September!

Reply by SamIam_CA on 5/16/05 7:36pm
Msg #38171

Re: snackage avoidance--Sam

Good advise - and our roses do need some help today - thanx!

Reply by missymrtn_socal on 5/16/05 5:48pm
Msg #38140

15??

Wow, I'm surprised, Sam! You seem very knowledgable and confident....I'd have thought that you had hundreds of signings under your belt. :-)

I've only had to provide copies of ID a handle of times. For me, it's definitely the exception, rather than the rule.

Reply by SamIam_CA on 5/16/05 5:56pm
Msg #38144

Re: 15??

Thanx for the compliment. My confidence has grown ten-fold since I read every single message on this board (several weeks well spent), passed The Signing Registry's basic knowledge test and 123Notary's certification.

The ieSpell checker doesn't hurt either.

Reply by Anonymous on 5/16/05 6:05pm
Msg #38153

Re: 15??

Thanks everyone for the info. And another question the reguarding the Patriot Act. One of the pages in the package is Customer Identification Verification. I know this sounds elementary but it is ok for me to fill it out and sign it? It doesn't require notarization, it just states that the ID's were presented to me appears to be genuine. I'm sure that I do this, I'm just second guessing myself a bit.

Reply by Sylvia_FL on 5/16/05 6:06pm
Msg #38154

Re: 15??

Yes, fill it out and sign it (Do not notarize it)

Reply by Kimg on 7/19/05 12:33pm
Msg #53122

So how do you get copies of ID's when the borrower hasn't been told about it ahead of time?
Kim

Reply by Katie/CA on 5/16/05 8:13pm
Msg #38177

The one I had today, the borrower had already mailed copies to the LO.