Posted by LisaWI on 9/12/05 9:29am
Msg #64739

Resign ?

Did a search, and could not come up with any conclusive answers. This probably has been posted before, but I am in a time constraint so bear with me.
Called to do a resign on a mortgage. Person did not sign AKA as it was not on signature line of mortgage. I get the new one to be resigned and I have 2 issues with this in question. First and as always the question of the date: it is preprinted on my acknowledgement and is the original date of the signing. Good or Bad??? Second: They have preprinted the borrowers name in the acknowledgement with the AKA. Now it was to my understanding, I can only acknowledge the name I ID, Correct?? How do I handle this situation??

Reply by Charm_AL on 9/12/05 9:45am
Msg #64745

The date you witness the signature is always the day you witness the signature.
You check I.D. and have them sign the mortgage the way it's printed...
John Smith aka John A. Smith

Reply by LisaWI on 9/12/05 10:00am
Msg #64748

Re: To Charm

Thanx Charm. I called the NNA and they confirmed my intuition(sp?). Called the hiring company and I am going to attach a new acknowledgement. The guy told me he had typed it up and didnt know that you couldnt put the AKA in the acknowledgement, being as a notary can only acknowledge what they have ID'd. I didnt have a problem with how they were going to sign, just that they had preprinted the person in the acknowledgement as an AKA. All is good. I quess I got a little nervous because the hiring company had preprinted on the acknowledgement. I thought I was going to have a depate on my hands. Have a good day

Reply by PAW_Fl on 9/12/05 10:03am
Msg #64750

You need to determine if your acknowledgment can contain a reference to capacity. You always id the signer and match the signature, since that's what you are notarizing. You are not notarizing the document nor the person, just the signature. If it is a jurat, then you are administering an oath (or affirmation) and documenting that with your jurat certificate. In either case, the signature must match what you can ID. Again, whether or not the notary certificate can contain the "a/k/a so-n-so", is dependent on your state statutes. (CA does not allow for this, but FL does, for example.) I do believe that WI allows for statements of representative capacity within the certificate, as specified in WI statutes 706.07 - Uniform law on notarial acts.

Reply by LisaWI on 9/12/05 10:30am
Msg #64755

Re: ? toPaw

First may I say, you are really good at making me think, and I like that. Im going to quote right out of my handbook and you tell me (not legal advise) if I am interpretting this correctly: "In A Representative Capacity" means: (Im going to skip right to number 2 because number 1, 3, and 4 dont apply)
"As a public officer, personal representative, guardian, or other representative, in the capacity recited in the document."
Would "other representaive" be the key words here?

Reply by PAW_Fl on 9/12/05 10:39am
Msg #64756

Re: ? toPaw

Not legal advise ...

I would think so. In FL, the handbook shows us how to word a certificate in this situation. It would read "... by Jane Doe who represented to me that she is formerly known as Jane Smith and produced a driver's license in the name of Jane Doe as identification." The whole point is that we, as the notary responsible for ensuring the identification of the signer to be the person they say they are, use what is directed by the statutes for proper identification thus notarizing the signature of the person as id'ed. But, the certificate also states that the signer represented to the notary that they are known by some other name (alias). Though no further documentation of the alias is required, I always look for the "preponderance of the evidence" to show me that the person is who say they say they by "reasonable and satisfactory" evidence. And I further document in my journal, the additional identification (though not necessarily accepted by the state) to validate the alias used.

Again, this is not to be construed as legal advise and pertains to Florida notary practices and statutes. YMMV

Reply by LisaWI on 9/12/05 11:11am
Msg #64764

Re: ? toPaw

I wish my handbook was a little more descriptive. Its very vague in my opinion. Also, when I call my SOS, they can never answer my questions. I always get sent to someone else who says "Did you call the Secretary of State?" Arrrgh!!!! Thanks for all your input PAW. As always you are a saving grace on this board and I do appreciate it.

Reply by LisaWI on 9/12/05 11:28am
Msg #64771

Update on AKA

I called the local register of deeds and asked them about the situation. It has been confirmed they do record mortgages with acknowledgements containing the AKA format. To all you newbies, when in doubt, use all your possible resources available. Find out who they are and write down the phone numbers. You will be happy you did. Just some friendly advise.

Reply by Charm_AL on 9/12/05 2:32pm
Msg #64801

Re: Update on AKA

Good news...I felt stupid after I posted that, not thinking about you being in a different state before I typed. I knew I could do it here and just assumed you could. I really wish that all states followed the same rules!
Glad you got it taken care of.

Reply by LisaWI on 9/12/05 11:09pm
Msg #64889

Re: To Charm

I know what you mean about the same rules for all states. At least a good portion of them anyway, because if they were all the same what would be the challenge? That is one of the parts I like about this job. Its challenging enough that I dont get bored. Almost exilerating at times.