Posted by Ginger Lee on 11/20/05 8:52pm
Msg #77858

Newbie, Please advise

I went to my 2nd signing. 1. Identification was a drivers license reading: Mary J Doe. Documents read Mary J Smith. Mary J Doe was her maiden name (DL). What is the procedure for this?
2. There was a quitclaim form within the docs. The borrower said she was not told her husband would have to sign, also she said he probably would not sign so she did not want to go forward with all the signing of docs.
3. In this package after the quitclaim form. The deed of trust read Mary J Smith, married woman. And it was to be signed by herself and her husband. Several other docs required HIS signature also. Thru out the doc's his name appeared. ie: Mr. Ralph Smith and Mrs. Mary Smith. Not all docs just some. His wasn't there to sign. Again Mrs. Smith said he probably wouldn't sign. They are separated.

We stopped the signing. She did not want to sign anymore, she saw the large package and said she had someone waiting for her outside and that she did not want to have to make them wait.???

Please advise and thank you.

Reply by PAW_Fl on 11/20/05 9:06pm
Msg #77860

What state are you in? If in FL, there is a procedure for this as noted in the Florida Governor's Reference Manual for Notaries. If you are in another state, then you need to follow your state's identification procedures.

If docs require someone's signature, then that person must sign them. If any of the docs require that you notarize that person's signature, that person must appear before you.

You will need to contact whoever hired you (SS or title company) to see how they want to handle the 'separated' spouse who will not be present. They may want to do the signing as a split signing.

Reply by CaliNotary on 11/20/05 9:14pm
Msg #77861

"1. Identification was a drivers license reading: Mary J Doe. Documents read Mary J Smith. Mary J Doe was her maiden name (DL). What is the procedure for this?"

It is your job as a notary to know how to properly ID somebody. Since you obviously don't know how to do this, you should not accept any more signings until you are a competent notary.

Reply by SLP_VA on 11/21/05 4:53am
Msg #77892

I had a situation similar to that effect on Friday regarding DL and doc's name being different. The DL showed borrower's married name and docs showed her maiden name. This was due to the fact that the house was purchased right before she was married and that's how she was on title originally. Since there was no doubt in my mind that the person on the ID was the person signing the docs (In VA a notary must be CERTAIN of the identity of each person whose signature is notarized), I called the TC and advised them of the name discrepancy. They had me have borrower scratch out maiden name on the docs and write married name (same as on DL) on docs and then she and hubby had to initial the change.

I think in that situation, you should have contacted the TC or lender to let them know the situation and see how they wanted you to handle. In any case, I would not have proceeded with the signing until TC or lender was contacted. Especially since husband's name was on docs and he was not present. When in doubt, you should always call TC or lender regarding issues such as what you described. (This is just my opinion)

Good luck!

Reply by Beth/MD on 11/21/05 8:24am
Msg #77914

You know Ginger, there are other forms of acceptable ID. I had a signing where the DL had a maiden name but a government personal ID had a married name. She was able to produce a marriage license with both names, therefore, I felt certain I was dealing with one and the same person. The TC just asked for copies of everything. You should already know what your state requires as far as identifying a signer. This is pretty basic.

Reply by SSEmobile on 11/21/05 11:46am
Msg #77980

>It is your job as a notary to know how to properly ID somebody. Since you obviously don't know
>how to do this, you should not accept any more signings until you are a competent notary

WELL ........ let's certainly not help them GET more competent shall we????

:o[

Reply by SarahBeth_CA on 11/21/05 12:00pm
Msg #77986

Without knowing what state the poster is from that's the best advise that can be given. Don't perform notorial acts until you know how to do it. If we knew what state it was we could refer them to thier handbook (if the particular state has one) so that the poster could become competent.

Reply by Beth/MD on 11/21/05 12:21pm
Msg #77991

Re: Newbie, SSEmobile

It should not be an issue for you that this statement was made. It's an extremely appropriate post. Why would a notary, especially one that is a signing agent, not know his/her state requirements on proper id?

Reply by CaliNotary on 11/21/05 3:16pm
Msg #78029

If she doesn't even know how to properly ID somebody, it's a pretty safe bet that she doesn't know a whole lot else about being a notary either. This board isn't meant to be a notary 101 training ground.

I'm not going to try to train people on notary basics, but I will tell them to stay the hell away from loan docs when they don't know what they're doing. It's the best advice she could hear right now.