Posted by S_LPVA on 10/11/05 10:34am
Msg #69866
FYI to Virginia Notaries
Hi All - Just thought I'd share a little information I found out directly from a Notary Public Specialist for the Secretary of the Commonwealth of Virginia.
The below question came up in a thread several days ago and because everyone had such a difference of opinion and were from different states, I decided to copy the situation in an e-mail directly to the Secretary of the Commonwealth. It took several days but here's the response I received.
ORIGINAL THREAD: ( I Changed the name from Susan Smith to Jane Doe for example purpose)
Borrower's driver’s license showed Jane Doe Smith. She stated that when she filled out the loan application, she gave the name of Jane I Doe because she is in the process of a divorce and the name had been changed on the social security card ( I checked SS Card). Also the prior deed recorded was in the name Jane I Doe. I applied the more but not less rule, and just was not sure. I could not get in touch with TC because it was after hours. Had the name just been Jane Doe on the loan docs, the more but less rule would have applied, but that I initial was included on the docs.
Response from the Secretary of Commonwealth:
It comes down to how comfortable the notary is that Jane Doe Smith was the same person as Jane I. Doe. If they are positive that it was the same person then yes, a notary can notarize the documents but anytime you are not comfortable with the identification of the person you have the right to refuse. You could also ask for more identification or proof of the name change just to verify that it is the same person.
The notary was OK to notarize those documents and the name variation is OK if he/she was positive that person signing docs was the same person on the ID. In a situation like this, I would also let the lender know if the name difference is OK because most lenders want the name on the documents and ID to match (unless the more but less rule applies).
I hope this clears it up a little for VA Notaries.
Any comments are welcomed.
TIA
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