Posted by JohnnyB on 12/13/06 10:42am
Msg #165577

Proper ID


Non-borrowing spouse has no US ID, nothing, zilch, not even a library card with any name. She has a six year old certificate from the Mexico Consul in her maiden name I think certifying her nationality from Mexico. No other ID at closing. A day after closing she now produces a valid marriage certificate to husband finally showing a trail at least. Husband has proper ID. My state is not real clear on what is a proper ID. Also, getting major league flak from title company on this. Please comment on this.

Reply by PL on 12/13/06 10:57am
Msg #165580

Page 4 of the RI notary pdf about acknowledgements is pretty specific on what the state law is. I believe your answer to the title company lies there.

Reply by PA_Notary_II on 12/13/06 11:03am
Msg #165584

RI's Notary handbook seem a little ambigous. Only 'suggests' that you see a driver's license.

"Establishing the identity of the parties.
The parties must appear before the Notary Public in
person. A Notary Public must identify the parties
signing the instrument. Although not required, a
Notary Public should establish their identities by
requesting the parties produce identification, preferably
with a photograph and signature such as a driver’s
license"

Wow....worse than PA !

Reply by PA_Notary_II on 12/13/06 11:04am
Msg #165585

Today I learned how to spell ambiguous.. n/m

Reply by John Henshaw on 12/13/06 11:13am
Msg #165588



P,L, Don't understand your comment. Page 4 is not very specific.

Reply by PL on 12/13/06 11:21am
Msg #165591

Under what is an acknowledgement it states: that state law requires that the notary knows the identity of the persons who signed the document.

If the person does not even have the suggested ID, how can you as the notary follow the state law as prescribed above?

Reply by CaliNotary on 12/13/06 1:25pm
Msg #165638

Did you end up notarizing her signature? Even if a picture ID isn't required in your state, don't you at least need some sort of physical description on the document to make a reasonable assumption that the person is who they are saying they are?

I wouldn't even worry about what the TC thinks. Their opinion is meaningless when it comes to following notary law. I can't imagine a certificate from Mexico in a different name qualifies as valid ID in any state.

Reply by Nancy Korb on 12/13/06 1:28pm
Msg #165640

The only way around this in Pennsylvania is if you have a witness personally known to you, who will swear as to who she is. Otherwise, you cannot witness the signature of someone you cannot identify with a government issued picture ID.

Reply by Marlene/USNA on 12/14/06 8:42am
Msg #165862

One small caveat. . .

It doesn't have to be a "picture" ID. It can have a physical description instead, or a signature.

PA law is a bit weak in that regard. I prefer the picture myself, a physical description second, a signature third. ID must also have a serial or identification number.