Posted by Blueink_CA on 11/12/05 1:40pm
Msg #76150

Deed question

All parties, in CA. Deed has Bo full name, first,middle,last. ID only first and last. LO says notarize as ID states, showing both names on AKA statement. I asked if I would get paid if it didn't fund. They replied, "if you're not comfortable, we'll find someone else." I said "go ahead".

A couple of unsettling issues here. Bo says "I've never had this problem before". Hmmm.

LO (who claims to be a notary too) says "doesn't his SS card have his middle name."

Someone else is welcome to this one! How would you have handled this?

Reply by SarahBeth_CA on 11/12/05 2:42pm
Msg #76157

You can use credible witnesses if they can get some. Whether or not it funds has nothing to do with you following state law on notarizations. If Mr. B has no ID that can support the name on the docs and cannot get credible witnesses then it's a no go no matter what the LO says. If the LO is also a notary he should know the state law and state law doesn't accept ss cards as a means if ID. He should also know that we notarize signatures and if Mr. B was to sign as on his ID not as printed on the deed it's not going to fly in the recorders office. In my opinion the LO is just blowing smoke out of his rear just so it gets signed. He is in no way concerned with your commission and doesn't know jack about notorial law. I just love the little "we'll find someone else" comment, what do they think they are dangling a carrot in front of a reindeer. We'll this little reindeer isn't biting and the LO and take the carrot back.

Reply by Blueink_CA on 11/12/05 4:14pm
Msg #76166

Thanks for the reply SarahBeth. The bo refused to get CW's. The "someone else" picked up the docs which I was instructed to leave outside my door. I wonder if she was told there was an ID issue. I doubt it. I now know if I'm ever instructed to pick up docs at another notarys home, it's a big red flag.

Reply by SarahBeth_CA on 11/12/05 7:02pm
Msg #76201

A "red flag", big time. Very suspect in my opinion. They didn't give you a definitive answer on whether you would get paid if it didn't fund which would make me think (if I were in your position) I probably won't get paid in full. This is where we have to weigh the moral obligation of informing the SA that was going to do the signing instead of you of the issue. Would they not have to get a newbie to do this one as they would have to find someone that would be gullible enough to accept what they have to say on the issue instead of seeing that "red flag" right away (I know that all newbies aren't uniformed and won't fall for it so let's not even go there). I think if I were in that possition I would feel the moral obligation to hand the docs to the new SA and let them know of the issue.
The problem is that there are those hiring entities that "know" that they can find someone to do it. It will either be an sa who is not concerned with the notorial law issue, one that is too new and uneducated on notary 101, or just uneducated on the "real world" to know that they need to rely on law and not what some unscrupulous lo will say to get the loan signed.

Reply by Tennessee on 11/12/05 7:09pm
Msg #76202

You know you're in trouble when....

You're instructed to leave documents that anyone could walk off with that contain everything someone would need to commit ID theft outside your door. I would have forced the issue that someone would have to knock on my door and show me proper ID before I turned over someone's doc, THEN I would have pulled an ID check on THEM TOO! sheesh...I may have even wanted my print fee placed in my hand and I handed over the docs...

Reply by TitleGalCA on 11/13/05 1:49pm
Msg #76265

E - I'm thinking that if LO wanted you to notarize as ID states, they would have to SIGN as the ID states, not as the document read. That would meet your notary requirements. Perhaps LO was going to correct the name on the deed later? Just a guess, and agree it doesn't meet 'more not less' rule.