Posted by Anonymous on 10/7/05 10:08pm
Msg #69479

Please, only SA's with advice...

and not the ones with negativity involved in suggestions or advice.

I almost had a signing occur last night that luckly fell out. Here was my situation:

Borrower's driver’s license showed Susan Smith Harris. She stated that when she filled out the loan application, she gave the name of Susan H. Smith 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 Susan H. Smith. 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 Susan Smith on the loan docs, the more but less rule would have applied, but that H. initial was included on the docs.

Any suggestions on how anyone would have handled that? The closing fell out because some of the figures on the HUD were incorrect and she wanted to postpone until she could talk to her LO. I've been doing SA closings for a while now and had never run across that.

If something to this effect was posted previously, I could not find a similar case to mine. I looked before posting this thread.

Thanks for any input.

Reply by B__CA on 10/7/05 10:11pm
Msg #69481

Add the two initials for your state after anonymous. It is hard to give advise not knowing what state you are located in. AS for CA, I would of used credible witnesses.

Reply by Anonymous on 10/7/05 10:19pm
Msg #69482

SORRY - I AM IN VA

Thanks

Reply by RickinVA on 10/8/05 1:55am
Msg #69509

Re:ID problem I AM IN VA

I had a similar. Name on docs was Mary Susan Jane Smith, but all ID was in the name of Susan J Smith or Susan Jane Smith. No Mary at all, anywhere. No signing. TC Called the next day, said lender OK'd name and to go out and backdate. I said no, illegal. I'm gonna check the clerks office next week to see who backdated and how the name was worded. I suspect the SOS won't care, but I'll find that out if someone did it.

Reply by TitleGalCA on 10/7/05 10:46pm
Msg #69485

Re: Please, only SA's with advice...excuse me?

I'd be happy to give you my opinion but the statement..."and not the ones with negativity involed in suggestions or advice" totally turned me off.

Really, Anon, it's not necessary. You had a bona fide question - one of identity, with a twist. Why just not post with the question - and forget assuming negative responses. If you need help...you need help. Just say so, and don't qualify responses.

Especially when you post as anonymous. Where's the risk?

Attitude is everything. You're lucky that anyone responds....with yours.

Reply by SarahBeth_CA on 10/8/05 12:04am
Msg #69503

Re: Please, only SA's with advice...excuse me?

Yeah the disclaimer did the same for me. My advice is know your states rules. Follow them. And if you ever do feel that something isn't in compliance with the law then don't do it. Also carry a copy of your state handbook with you to consult when in doubt. Now when it comes to negativity if you can't handle a little cyber flame how will you handle a hair raising situation. Or even stay calm and collected when you sit down to have docs signed and the borrower takes a look at incorrect figures and starts yelling. The point is occasionaly stuff happens and you got to roll with it. Let the flames be like water on a ducks back. Learn your state laws and go make some money.

Reply by Anonymous on 10/8/05 12:49am
Msg #69507

Re: Please, only SA's with advice...excuse me?

Kinda sad that everyone who gave you crap are from CA
I do not blame you for giving a disclosure... even titlegalca was just too turned off to just answer the questions..
and you even made an attempt to search for an answer

and you might of used the actual name.. oh my god I bet this borrower is having her identity taken right now.

Reply by Anonymous on 10/8/05 6:26am
Msg #69514

Re: Please, only SA's with advice...excuse me?

Anon - VA

No - I did not use the borrower's real name. I would not do that on a board. Thanks.

Reply by B__CA on 10/8/05 9:44am
Msg #69543

Re: Please, only SA's with advice...excuse me?

Alot of us use Smith in our examples.

Reply by BrendaTX on 10/8/05 9:52am
Msg #69546

Re: Please, only SA's with advice...excuse me?

***Alot of us use Smith in our examples.***

Do what???~~~!!!

What are you saying? Smith and Doe are alike????

Just kidding. Some posters like to chase the insignificant points of posts don't they?

Reply by Anonymous on 10/8/05 6:51am
Msg #69519

I DID NOT GIVE THE ACTUAL BORROWER'S NAME IN THIS THREAD...

THIS IS A MADE UP NAME. NEXT TIME I WILL STICK TO JOHN/JANE DOE AS SUGGESTED.

Reply by Anonymous on 10/8/05 6:48am
Msg #69518

TO SarahBeth_CA

Thank you got your advice. I know my state rules when it comes to notorazations and know my handbook like the back of my hand (I've been a notary for 8 years - worked for a large mortgage company). The problem is, VA handbook states that "a notarty is required to exercise a high degree of care in determining the ID of any person whose ID is the subject of a notarial act. ID should be ascertained by examination of one or more documents: possport, certificate of US citisenship, state DL, etc..." It does not reference anything about the variation of signatures. Since I verified that she was the person on the DL, then I thought that may be OK. Just was not sure as this was the 1st situaton that I had come across in all my years of notarizing.

In regard to me being able to handle negativity: Please know that I am master of handling negativity. I have worked with borrowers for 15 years and have seen it all. I just don't see the need for negativity on forum that is geared to supposedly "help other SA in need of advise or suggestions". It's not the same as going to sit down at a closing with a borrower.

Thank again for your advice. I'm sorry if my disclaimer offended anyone. I truly did not mean for it to do that.

Reply by Anonymous on 10/8/05 7:14am
Msg #69521

TitleGalCA - THERE IS NO ATTITUDE HERE

I am sorry for the statement.

It was really not meant to upset anyone or imply anything. It's just been that in my past experience, when I've asked for advice or help on this forum, all I received was negative responses and feedback (not always, but the majority of the time).

Again, I apologize for all who were "turned off".

Thanks

Reply by Anonymous on 10/8/05 10:39am
Msg #69557

Re: TitleGalCA - THERE IS NO ATTITUDE HERE

why do you keep saying your sorry. You do not need apolgize for how you handled this.

You gave your question, it was a good one
You did a search before hand
You just asked that you get some answers and to leave out the negative comments..

AND what you got was negative comments, and very little help
you did nothing wrong

Reply by TitleGalCA on 10/8/05 12:36pm
Msg #69566

Re: TitleGalCA - THERE IS NO ATTITUDE HERE

Anon - I know what you mean. It seems that questions that are readily answered by the notary's state handbook are the ones that get negative responses on the boards.

I think you had a good question - and truthfully thought that you were the same "anon" who was nasty when posting a question not too long ago...and told everyone to keep their snide comments to themselves. That was just plain rude. I'm quite sure you weren't that person!

Reply by Anonymous on 10/8/05 4:10pm
Msg #69588

Re: TitleGalCA - THERE IS NO ATTITUDE HERE

TitleGalCA, no that was not me that posted the snide remark before.

It's not in me to post rude or snide remarks to anyone. I'm just a softie, I guess.


Thanks!

Reply by AnneSoCA on 10/8/05 12:02am
Msg #69502

Anon - Just a comment, I hope you're not using the borrower's actual name in the post. It's best to stick with the Jane/John Doe thing for privacy reasons.

Sorry, I don't have any input on your actual question. It sounds like a tough call to me as well. Maybe you should still ask the TC in case there is a re-sign.

Reply by Anonymous on 10/8/05 6:27am
Msg #69516

No, I did not use the borrower's real name. It's just a made up name. Thank you.

Reply by Anonymous on 10/8/05 2:50am
Msg #69510

I'm in Virginia also.

I would have asked her for additional ID that showed Susan H Smith (if that was the name on the loan docs) or whatever name that appeared on the loan docs. Also, the NAME AKA AFFIDAVIT or sometimes SIGNATURE AFFIDAVIT are the forms used to add additional name variations for that borrower. I would have made sure one or both of those documents had all the variations of her name.

If the borrower did not dispute the name on the loan docs and you were comfortable with her identify you should be fine. Also, it helps if the drivers license has the address that is on the loan docs. You can even ask for a utility bill that verifies name for additional info.

In short, make sure identity has been ok'd, Name and/or AKA affidavits are completely filled out and as an added measure just let the title company or lender (whoever you send docs back to) know the situation through email or by phone.

Reply by Anonymous on 10/8/05 6:36am
Msg #69517

Anon in VA too -

I did have her show me her SS card that showed the same name and the AKA affidavit was filled in with the variation of names. The borrower did not dispute the name and even stated she was the one who gave the lender that name to go on loan docs. Her DL also had the address of the loan docs.

Thank you so much for your advice! It's all I wanted. Folks that responded to this thread still found a way to be negative. It's why I was tempted not to even post. The last time I attempted to ask for advice, I got slammed for it and I just don't think it was necessary, thus for my comment about "only SA's with advice". I'm sorry if someone got turned off, but the negative comments I again received, is the reason I titled it what I did. There is no attitude here at at all from me.

Someone responded that they hoped I had not used the real borrower's name. Of course not! I would never do that on a thread. I made up the name, but next time I will use john doe just to be on the safe side.

Thanks again!

Reply by PAW_Fl on 10/8/05 8:13am
Msg #69526

From what I read in the VA Notary Handbook, you cannot use a SS card and a AKA statement to identify the signer. According to the Handbook:

Code of Virginia - Section 47.1-14 Duty of Care
A notary shall exercise reasonable care in the performance of his duties generally. He shall exercise a high degree of care in ascertaining the identity of any person whose identity is the subject of a notarial act. Unless such person is known by the notary, identity shall be ascertained by examination of one or more of the following documents: A United States Passport, a certificate of United States citizenship, a certificate of naturalization, an unexpired foreign passport, an alien registration card with photograph, a state-issued driver’s license, or a state-issued identification card or a United States military card. 1980, C. 580; 2002, c. 379
(Source: A HANDBOOK FOR VIRGINIA NOTARIES PUBLIC, Published by the Office of the Secretary of the Commonwealth, July 1, 2003. Notary Public Division Post Office Box 1795. Richmond, Virginia 23218-1795.)

Only the above listed documents can be used to "ascertain by examination" the identity of the signer. So, my opinion would be that the signer was not properly identified and the signing should have been aborted until either the docs were redrawn to show the name of the person identified or acceptable identification was provided with the name on the docs.