Posted by Kate/CA on 8/26/06 12:58am
Msg #141078
What do you do when .....
you can't get a hold of the signing service, TC or LO and the borrower's ID doesn't match the documents. We can use credible witnesses, but there is a Patriot Act form in the package and they only have one secondary ID in the name that is on the docs.
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Reply by KBLedgard_CA on 8/26/06 5:08am
Msg #141090
Kate, based on the circumstances, I disagree about the CW. In order to use CW's, you would have to meet certain standards which include:
3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification
4. The signer does not possess any of the identification documents authorized by law to
establish the signer’s identity;
You said they had an id, but it doesn't match the docs. If that is the case, I would use a CW. Just my opinion...not intended as anything more.
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Reply by Kate/CA on 8/26/06 9:34am
Msg #141114
I use to agree with you, but when you call the SOS depending on who answers, depends on what answer you will get to the question at that time. Believe me I have talked to them until the cows came home about this issue. Also when I renewed my test one of the questions was if MRS Brown lost her purse what could you use to id her? Didn't have the answer to have her go down to the DMV and get a new license, which is the same thing my borrower needs to do, the answer was use credible witnesses, that really shocked me. One of the supervisors said the same thing you said, when I called him again because of this test question, he backed tracked and said it was up to us, he is suppose to be the authority up there on notary proceedures.
My point being for my question, was even thou borrower has no ID and the SS wanted me to proceed with the signing using credible witnesses and not sign the ID for AIV (Patriot Act form). I've had several SS tell me this. They just say it is not a form we NEED to worry about. They can take care of it later.
The odd part of this whole mess, is that this lender is the same company who the borrowers already have their loan with now. He was so mad at her, kept saying I told her many times to go down and change that license. Then he starts telling me the docs should be in her maiden name. Then he wanted to sign, and just forget about her.
I finally left, and I cut my hand on their screen door, I'm trying to walk down a hill in heels, and I feel this warm stuff on my hand. By the time I got to my car there was blood everywhere. I was glad to get home.
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