Posted by MBCA on 2/14/06 4:45pm
Msg #97179

ID Mistake!

When I called to ask the borrower if she had proper ID when setting up the appointment, I didn't realize she had a new last name! When I got there and started taking down the info, there was her maiden name on the DL! I should have asked the right questions over the phone and saved a lot of time and trouble. Lender and signing service got on the phone and tried to talk me into it going ahead with the signing, but thanks to all the great notories on this site I wouldn't budge. I explained to the the borrowers that this was to protect them also. With all the fraud out there we need to have checks and balances! I'm going there tomorrow night and they're supplying 2 credible witnesses. This is a new housing track, new town, new everything and they are unknown to everyone. The only witnesses they can get are the borrower's son and he wife. What do you think???

Reply by Blueink_CA on 2/14/06 5:06pm
Msg #97185

I would ask myself two questions: Do I have any reason to suspect fraud in this transaction? and - Could the CW's benefit at all from this transaction? If the answer to both is 'no' than I would complete the signing. JMO

Reply by Janlee_MI on 2/14/06 7:34pm
Msg #97219

I would of asked for a Marriage Certificate that stated that is is her maiden name.

Reply by MBCA on 2/14/06 8:52pm
Msg #97235

Thanks for the input Janlee, but a marriage certificate can't be used in California as proof of identity.

Reply by Pamela on 2/15/06 2:12am
Msg #97269

Does She Have Any of the Following?

MBCA,

Does she have any of the following:

Another DMV photo identification card or driver's license in her maiden name, issued in the pass five years? Even if expired, this would be acceptable.

An employer identification card with both picture and signature (a valid photo and signature
is all that is required in California) issued within the past five years?

A United States Passport (issued within the past five years)?

A foreign passport (issued within the past five years) with photograph (stamped by the U.S. Citizenship and Immigration Services)?

An U.S. Military I.D. card (issued within the past five years)?

Any other U.S. state photo I.D. card or driver's license (issued within the past five years)?
Note: This also applies to Canada and Mexico's driver's licenses.



I don't understand about the borrower's son and wife? I thought that the borrower (with the problem I.D. )was the wife? Now, if you are referring to her husband, remember that a Credible Witness cannot have any financial interest in the documents. Also, is the son 18 years or older?

Personally, I would not use a spouse as a Credible Witness (even if that person was not listed in the documents), especially in a Community Property State such as California.

Hope this helps!

Pam

Reply by Pamela on 2/15/06 2:33am
Msg #97271

Correction: Yes! Son & Daughter-in-Law Okay!

MBCA

Sorry about the misunderstanding! I misread the paragraph!

Yes! The borrower's son and daughter-in-law can be Credible Witnesses, if they both have proper I.D.s and have no financial interest!

Pam

Reply by MBCA on 2/15/06 8:19am
Msg #97306

Re: Correction: Yes! Son & Daughter-in-Law Okay!

Thank you Pam! I thought it would be all right, knowing the circumstances of the stiuations. Evidently this is the second marriage for both borrowers (husband and wife). All the property is in the wife's name. So I don't see how this stepson and his wife could possibly benefit from the situation.

Reply by Pamela on 2/15/06 9:49am
Msg #97348

Re: Correction: Yes! Son & Daughter-in-Law Okay!

MBCA,

You're Welcomed!

Have a Great Day!

Pam