Posted by Anonymous on 2/9/06 12:29am
Msg #95710

HELP!? borrower with no photo ID!!

Hello, all. I accepted an assignment tomorrow and just found out that the borrower's mother is signing on the DOT, but she does NOT have any photo ID for me to verify. She is 84 years old, can not leave the house to get an ID picture taken and has absolutely no picture ID. She has a social secutiry card, credit cards, bank cards, but -of course- nothing to show me she is who she says she is. the lender says to use my own discretion and be sure to get copies of her ss card and secondary ids. basically they are giving me the OK to go forward without a picture ID, which is something i do not feel comfortable with. any suggestions?

Reply by Jenny_CA on 2/9/06 12:39am
Msg #95712

What state are you in? For CA, in this instance I would use CW since you mention that she can't leave the house to get her picture ID taken.

Reply by John_NorCal on 2/9/06 12:39am
Msg #95713

First thing you need to learn are your states notary laws and follow them. Do NOT rely on the word of the title company, ss or anyone else. It is up to you to properly identify the signer according to YOUR states laws. You might be able to use credible witnesses, check with YOUR state. And when you post, put your state abbreviation with your alias, that way you'll get pertinent answers.

Reply by TitleGalCA on 2/9/06 12:44am
Msg #95714

YES I have suggestions, Anon

If you are in California, absolutely use credible witness' if your borrower can provide them. This is one of those circumstances that the fine line of CW in California ID requirements for the SOS fits. Encourage your BO to get them.

Without CW, I don't know any other way you can identify your signer. Forget the lenders comment about discretion, they are reaching.

Anon - this is one of those ID questions that are challengin. Live up to the challenge and research. Your SOS will provide the resources as do your handbook.

Reply by Kelly M Robertson on 2/9/06 7:25am
Msg #95743

There is Another Way in CA

For CA Only: This doesn't help you make any $, but, if the signer Personally KNOWS a notary, then ID is not an issue. Ask a family member if that is a possibility. Additionally, I'm seeing more and more lenders pop up that will not allow/will not fund without current ID. So, in some (rare) cases, even Credible Witnesses won't help. Just do all you can and if it doesn't work out and you've complied with all your State's laws and exausted all your resources, then there's nothing more YOU can do.

Reply by Barb25 on 2/9/06 7:35am
Msg #95748

Lender ID requirement vs. State ID requirement

But the lender requirement for ID may not be the same as the state's requirement for notarization. In NY you must have reasonably certainty of signer's identity. Borrower may want photo Id (Driver's lic, etc) and sometimes 2nd ID which may even be tax bill or the like.

Reply by Jersey_Boy on 2/9/06 9:09am
Msg #95759

Re: Lender ID requirement vs. State ID requirement

In New Jersey, the only laws concerning ID for notarization states that the notary must be personally satisfied to the signers identity.

So if a crayon drawing ID drawn by a 5 year old personally satisfies you to a persons identity, then a crayon drawing is acceptable.

Personally, crayons are out of the question for me, I only accept colored pencil.

Where's my coffee?

Reply by Barb25 on 2/9/06 9:58am
Msg #95773

Re: Lender ID requirement vs. State ID requirement

Being personally satisfied may make life easer. Unfortunately, it's a lot easier for the State to nail you to the wall if something goes awry. Go figure.

Reply by Calnotary on 2/9/06 10:04am
Msg #95775

Anon, forget what is acceptable for the Lender, you should notarize according to your
State laws, one time one lender told me that it was acceptable for them to notarize
a borrower that the last name was different in the ID.

Reply by Anonymous on 2/9/06 10:27am
Msg #95787

thanks for the responses everyone. i'm a PA notary. i have checked with my state law and reread it over and over. PA law says "satisfactory evidence" is the reliance of a govt-issed card bearing photo or physical description OR signature, and seriel or ID number. so technically a ss card would work. the borrower is searching for a newspaper clipping with his mothers picture and name on it, just for my own reassurance. but, jeez, how can someone who is 84 not have a single photo id???

Reply by PAW_Fl on 2/9/06 10:28am
Msg #95788

As others have said, the lender identification requirements are typically different than state notary requirements. Lenders must follow their CIP and the Patriot Act (among lots of other things) when creating financial accounts. Those requirements usually are different and possibly more comprehensive, than the ID requirements to perform the notarization of the signature(s). When you notarize a signature, the notarial act is governed by your state laws and nothing else. When you identify the signer of the Note and other mortgage related documents, then the signing agent must follow the rules established by the lender. When notarizing the signature, the notary must minimally follow the rules established by the State.

Reply by Anonymous on 2/9/06 12:26pm
Msg #95822

Well, I decided not to do the closing after all. the borrower told me his 84 year old mother only leaves the house to get her hair done. if she can get her hair done, she needs to go get an ID. these people have to follow the rules