Posted by Poppy on 12/22/06 6:40pm
Msg #167430

Identity Affidavit???

Lender: SCME closing instructions state the Affidavit of Identity must be included in the package (it's a funding condition)

It's one I haven't seen before...

Loan #123456789

State of ________ County Of__________________

After being duly sworn, I hereby state as follows:

That, I now of my own knowledge that Suzy Jones, Susy Q Jones, Susy O Jones

whose names appear on certain documents issued and/or executed in connection with the above caption loan, are one and the same person.

By: ________________________Closing Agent

Subscribed and sworn to before me this date:

______________________________ Notary Public

Okay,
I obviously can't sign or notarize this...
1. I'm not the closing agent
2. Can't notarize the closing agents signature if he/she is not present and signs before me.

Question: Would you include another ID affidavit such as the one on Paw's site (since it is a requirement for funding?)
Title is looking into it, but hasn't got back to me... Seems they haven't seen this particular one either...

My first thought was the closing agent would sign it and have an in house notary notarize it... But I have no idea how they could swear to the identity of someone they don't know and of their own knowledge...

Not sure Paws fits the bill but at least it's something... Any input or suggestions would be greatly appreciated. Thanks in advance!

Reply by ZeeCA on 12/22/06 6:50pm
Msg #167432

i have seen similar but do not like that you have to answer to "That, I know of my own knowledge that Suzy Jones, Susy Q Jones, Susy O Jones"

instead of having "or proved to me....etc. "

Reply by Glenn Strickler on 12/22/06 7:15pm
Msg #167439

First time I ran into one of these, I called the SS and they told me to leave it blank (it was an out of state lender). Never had a problem with anything being rejected. I always make sure I included my own Patriots Act Disclosure Borrower Identification form for each borrower. You can't notarize your own statement.

Reply by Susan Fischer on 12/22/06 8:07pm
Msg #167441

It strikes me that these types of identy docs are trying to make things 'legaler' than they already are. Double quadrupal CYA. Like the Notary Affidavits where I'm swearing that I performed my duties as a notary and didn't break any laws, which also 'require' notarization, and of course, which I cannot sign/notarize. Sometimes I just shake my head and sigh. IMHO, some of these docs are not written by people knowledgeable about the principles of notarization.

As for replacing the form, I'd wait for permission. Paws' would be a good substitution.

As an aside, the 'personal knowledge' phrase is interesting. I may have seen ID for Suzy Q Jones, but not for the (typo) Suzy O Jones. So what 'personal knowledge' there?

Reply by MikeC/NY on 12/22/06 8:35pm
Msg #167444

I have seen a similar form in several packets. First time I came across it, I called the hiring company and asked what they expected me to do with it - I can't notarize my own signature, and am not going out looking for another notary to do it for me. I was told to ignore it since I'm not the closing agent - they would take care of it. I have no idea how they would get someone in-house to swear to the identity of someone who they have no personal knowledge, but that part's not my problem. I've come across it several times since then, and have just left it untouched - no complaints so far.

Personally, I wouldn't substitute one form for another (other than attaching a loose certificate when the wording is non-compliant) unless instructed to do so - once you start doing that, I think you may be flirting with UPL. My feeling is that what's in the notary box belongs to me and is my responsibility to handle properly; everything else belongs to title or whoever drew the docs, and I'm not supposed to be making decisions in that space. If I'm unsure, I ask them.

All of this is personal opinion - your mileage may vary...

Reply by Poppy on 12/23/06 12:31am
Msg #167501

Thanks for the input all.... I decided to leave it untouche

d... Title still has not got back to me regarding replacing it with anything and the signing is completed.... So hopefully for the borrowers funding will not be held up... But you can only do what you can do....
This one really seemed off to me, since as stated even if an inhouse notary notarized it for the closing agent, I don't see how the closing agent can attest to what they are being asked to attest to...
Anyway thanks again and have a merry Christmas all!

Reply by Susan Fischer on 12/23/06 12:43am
Msg #167507

Re: Thanks for the input all.... I decided to leave it untouche

Exactly. It's a very poor form, IMHO.