Posted by Anonymous on 9/22/05 6:06am
Msg #66595

Married name change question - NY

If a woman borrower has both her maiden and her married name on her loan documents but her drivers license only has her maiden, would you accept her marriage license as sufficient ID to notorize both names on loan docs?

Thanks,
Toni - NY

Reply by Teddog_CO on 9/22/05 6:48am
Msg #66599

Anonymous- You need a Current Photo Id with her correct name on it . Photo is the key word here ! We can't accept a marriage license as an ID because there is no photo on it. Call SS tell them the problem. You MUST have current photo id anything else is a No Go!!
I would not do the signing without AKA on the loan docs from lender and get it in writing! Very bad idea to leave yourself open for any problems. Assume nothing, to much fraud going on.
Good Luck
Teddog_CO

Reply by Art_MD on 9/22/05 6:59am
Msg #66603

Re: Married name change question - to teddog_CO

You may need a photo ID in CO, but I don't think you do in NY. I know you don't in MD. State requirements vary all over the place.

Art

Reply by Teddog_CO on 9/22/05 7:06am
Msg #66606

Art_MD

You are correct the laws vary from state to state. Here in Colorado we need that Photo Id - Drivers license-passport-military ID. I think it's a very good idea. You never know! I just think we should "cover our bases" I also get that thumb print - makes me feel like an Agent LOL I'm just one of those careful folks.

Keep The Shiny Side Up
Teddog_CO

Reply by BetsyMI on 9/22/05 8:06am
Msg #66619

Re: Art_MD

Teddog, I used to take a thumb print until one borrower complained afterwards to the title company. They called and asked me to stop taking a thumb print on future orders! This was after I'd been doing it for about a year.

Reply by Teddog_CO on 9/22/05 9:50am
Msg #66642

BetsyMI

Here in Colorado the Thumb print is going to be a "must do" shortly. I always do it just to be on the safe side. I explain to borrowers my journal stays with me until it goes back to the state-death-resign-etc.
I have E & O but want to be sure that I have done everything I can to ensure Proof of ID. Just in case anything ever comes up. I've never had anyone complain, wonder what that title company is going to do if it becomes a law in your state? Wish that the state laws were more uniform, their would be less confusion.
Have a Great Day in Michigan!!!

Teddog_CO

Reply by BetsyMI on 9/22/05 10:45am
Msg #66658

Re: BetsyMI

Thanks for your reply Teddog! I liked having a fingerprint too. It didn't seem to bother anyone else, and I always said "this means I used due diligence in verifying your identity, and that I really did meet with you". I also say that my journal goes back to the state at the end of my commission, just to assure them that it won't be lying around anywhere. I'm sure that if it becomes a law to have a fingerprint, my title company will abide by it, but for now they just felt it was "hassling" the customer.

You have a good day in Colorado too! Probably a lot nicer weather there today than here. I love Colorado and have been skiing every winter at many of your resorts for about 20 years.

Reply by DonR_NYC on 9/22/05 7:23am
Msg #66614

It is up to the notary if the documentation presented is satisfactory for the notary to confirm the identify of the signer. As a New Yorker we know that the drivers license does not contain enough spaces for a long full name or wheen a married women uses both married and maiden names. So "use your gut".

Below is from the Notary Public Laws:

§303. Requisites of acknowledgments.
An acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed such instrument.