Posted by Anonymous on 11/1/05 2:37pm
Msg #73457

Opinions please; Please dont be so hard on me...

Today I refused to notarized a loan package for the following reasons:

Names on docs:

Her Mary Ann Jones
His John Paul Jones

Names on IDs:

Her Mary Jones
His John Pual Jones

SS told me to go ahead and notarize.
Lender told me the same.

I didnt. I dont want to even go back and grab CW. What do you think?

Thank you.

Reply by Art_MD on 11/1/05 2:40pm
Msg #73458

Re: which state? state requirements vary !!! N/M

Reply by Anonymous on 11/1/05 2:42pm
Msg #73460

Im in CA. Thank you

Reply by Art_MD on 11/1/05 2:45pm
Msg #73461

Re: Im in CA. Thank you

In CA. you did right. No passports or other gov issued photo ID such as gun carry permit, pilots license, etc?

Art

Reply by Anonymous on 11/1/05 2:47pm
Msg #73463

Re: Im in CA. Thank you

No, no other forms of Id. wheww I feel better now. I know I will not receive more calls from
this SS, but thats ok, they pretty cheap anyways.

Reply by PAW_Fl on 11/1/05 3:38pm
Msg #73469

Pilot license?

I don't think any state that has definitive ID requirements would accept a pilots license. Why? First, no picture and second, once a license is issued it remains effective until suspended or revoked. My last license was issued in 1970 and is still 'current', but the physical description is of someone else! (Oh, to be young again.)

Reply by TitleGalCA on 11/1/05 10:00pm
Msg #73552

Re: Pilot license? PAW

So, Paul, are (or were?) you a high wing or a low wing afficianado? Inquiring minds (or those with a whopping 10 hours of flight time) want to know.

And you're correct, a pilots license is not okay for ID purposes...even here.

Reply by PAW_Fl on 11/1/05 11:07pm
Msg #73575

Re: Pilot license? PAW

High wing!!! (Have you ever seen a bird with their wings attached to their bellies?) I'm also a rotorwing aficionado. Flew H-3 Sea Kings in the Navy. (And S-2s, P-2s and P-3s, but always preferred the Spastic Palm Tree, aka helicopter.)

Reply by TitleGalCA on 11/1/05 11:15pm
Msg #73578

Re: Pilot license? PAW

Ah!!! A Cessna Man. I knew there was a reason I liked you.

I'll remember that line (the bird part) the next time I climb into a view obstructing, low wing Bonanza....however, passengers should keep their lips zipped or risk not being invited again.

Reply by PAW_Fl on 11/1/05 11:40pm
Msg #73585

Re: Pilot license? PAW

>>> Ah!!! A Cessna Man. I knew there was a reason I liked you. <<<

For private flying, I do prefer the Cessna line. I used to have a 140 taildragger that was just a lot of fun. My favorite is the Cessna 337 "Push-Pull" and the 177 Cardinal RG.

I can talk about boring holes in the sky all day long, but alas, this is not the venue for that.

Reply by Art_MD on 11/2/05 7:02am
Msg #73605

Re: Pilot license? PAW

53 stearman - yellow.


Art

Reply by newlysmomva on 11/2/05 2:10pm
Msg #73720

Re: Pilot license? PAW

"53 Stearman" Have you been to fly-ins on the Eastern Shore? I seem to remember a plane like that! My husband has a 1946 Skyranger.

Reply by Tennessee on 11/1/05 2:42pm
Msg #73459

hmmmmmmm

How did theythink you could confirm these were the same two people their docs referred to? I'm with you on this!

Reply by FastCA on 11/1/05 3:58pm
Msg #73472

Re: hmmmmmmm

You can prety much forget what the SS & TC tell you they want the deal done. When you are in court they will not give the same answer as on the phone. You did fine!

Reply by Kelly M Robertson on 11/1/05 6:49pm
Msg #73512

Why Didn't You Try To Get Credible Witnesses?

In CA, you are very limited on what ID is acceptable/legal. A Pilot's license is definately not one of the ID's we can take.
Why not ask for "walking/talking ID"? Remember that refusing a LEGAL REQUEST for notarial services is NOT legal for you, the notary! You are a Notary PUBLIC and must abide by law that is provided you.
Feel free to email me direct if you want to yak further about this. And the other poster(s) are correct == many (not all) but many signing companies and lenders will tell you whatever they think you need to hear to get that deal closed.

Reply by TitleGalCA on 11/1/05 10:06pm
Msg #73554

Re: Why Didn't You Try To Get Credible Witnesses?

***Remember that refusing a LEGAL REQUEST for notarial services is NOT legal for you, the notary***

That message could confuse lesser experienced notaries, and certainly, the poster DID NOT refuse a "legal request". I think they did abide by the letter of the law in identifing the borrowers. Are you suggesting they did not?

You've made this statement on the board before and accepting or not accepting a signing is NOT "refusing a LEGAL REQUEST". The SA can pick and choose their assignments. That statement is more appropriate to a notary sitting at a desk at Kinkos.

Reply by CaliNotary on 11/1/05 11:13pm
Msg #73577

Re: Why Didn't You Try To Get Credible Witnesses?

If Kelly can't make this simple distinction, even after it's been pointed out to her repeatedly, I wonder what other misinformation she's spouting in her notary classes?

Publicly showing ignorance about the subject you're teaching isn't exactly the best marketing tool.

Reply by Kelly M Robertson on 11/2/05 8:40am
Msg #73623

Geez...

I teach an excellent class, thank you! My pass rate is super and my business continues to be successful. It's amusing that I'm judged so completely by those who have never attended one of my classes or met me.

I abide by our state notarial laws and will say it again: The California SOS DOES ALLOW Credible Wits when no ID is present or when ID doesn't match. I also offered the poster to email me directly for clarity and further explaination and did recieve a few emails from some "future" great signing agents; they are serious about their new profession and goals and want to abide by their state's laws, not relying on just info from this board or how they or you interpret the law. Nothing wrong with that!

Calinotary and Titlegal, you are both the very reason why so many here post anon. I don't blame them one bit. Difference is, is that I'm not afraid of what you have to say because I look at the source and with that, who cares what you think.

Reply by Kelly M Robertson on 11/2/05 8:48am
Msg #73624

I See the confusion now

For clairfication: If you are already at the signing that you accepted, and refuse to notarize because you dont' want to ask for CW's (which is lazy) , that's when you are violating the law. I never said that if you refuse to accept a signing that you are violating the law -- if travel is involved, a California notary does not have to accept the request, ever.

Reply by lulu on 11/2/05 3:47pm
Msg #73771

Re: I See the confusion now

Firstly, I am new to this site and have been in awe of the cruel replies I've read but this is just too much! I am not in California but as you, Kelly, stated: Once you have accepted and gone to the aptmt and refuse to notarize...that is illegal. I don't see how one could have know there would be ID issues prior to getting to the signing. To refuse to notarize at that point would not be illegal! As for the credible witness, that would be an option depending on how long it would take someone to get there. The company isn't going to pay extra for the notary to sit around an extra hour to wait for a CW to come. Mainly, I can't believe the cut-throat replies in some of these message forums and it is not illegal to decline if they cannot supply satisfactory proof of who they are.

Reply by DeeB/Fl on 11/2/05 7:55am
Msg #73615

ok...heard different answers as different states and I know this may sound like a stupid question or remark and I, of course can be wrong.

However, although the Drivers lisc. did not have the middle initial, but the address, dob, etc...including picture clearly showed her as being here, why was that not acceptable? I mean I've seen some people who still have their dl with their maiden name. It did not make her less of her. The AKA affadavit was there to disguinsh that she was the same person. No??

also...there are had been many, who did not have another Governemnt ID on them...and what they had was a recent gun permit which is considered government ID...is that not acceptable? I may be ingorant or neive on this ...but help me clearify it to be on the safe side. If this was wrong, then why didnt the SS or title company say anything to me about it that I should had not used it. They seem to have accepted it. EIther that, they failed to tell me.

I have read that using their bank statements, or a utility bill as a "id" and I can't see how to use that as a ID cuz any one can have that and not always be in their name either. Although common sense most would.

Ok...am I wrong to think this? Advise.

Dee

Reply by PAW_Fl on 11/2/05 9:39am
Msg #73642

Dee, in FLORIDA, we have ways around the maiden/married name conundrum. If you look in your Governor's Reference Manual for Notaries, page 61, it will give you specifics on how to deal with that situation. That being said, FL does stipulate that identity is based on the "reasonable" assurance that the person is who they say they are. This assurance must rely on a particular document (driver's license, state issued ID card, etc.) and other supporting evidence that makes you reasonably sure. It is also recommended by the Sec'y of State to annotate your certificate by including the supporting documentation if it helps to clarify the circumstances. Be sure to include the information and circumstances in your journal.

Reply by DeeB/Fl on 11/2/05 2:42pm
Msg #73741

Thank you Paul!!! That is what I thought...I just had to clearify that and you confirm my thoughts. Dee!