Posted by Calnotary on 2/13/06 9:52am
Msg #96617

iLEGAL to picture borrowers drivers lic. ?

I was using this for sometime, till one SS told me stop doing it unless lender says so in the
instructions. I always included a copy of their Driver's lic.

Reply by NM_CO on 2/13/06 9:56am
Msg #96618

Seems weird to me that they'd tell you that unless it is illegal. I'd like to know too because usually I snap a picture and print as well. It's much easier for the borrower.

Reply by Lorraine Maguire on 2/13/06 10:41am
Msg #96634

I seriously doubt that it is illegal to take a photo of the borrower's DL. In the absence of a photocopy machine or taking with us a portable scanner and laptop computer, we would have to accompany the borrower to another location to secure a copy of the DL. I have found that the borrowers are generally happy with my taking a photo of their ID when they have failed to get a copy ahead of the appointment.

Check with the SOS on this one.

Reply by Calnotary on 2/13/06 10:44am
Msg #96635

I dont think the SOS will have a word about this, since taking pictures of DL'S is not a notarial
act. I think it has something to do with identity theft, and confidential information.

Reply by Roger_OH on 2/13/06 10:53am
Msg #96641

Read instructions!

Some lenders/TC specifically state NOT to include a copy of ID, and instead usually have an ID form to complete with their ID information. Do read your instructions.

Reply by PAW on 2/13/06 12:08pm
Msg #96672

Re: Read instructions!

Get that all the time. But, once in a while, an SS includes their own instructions (which, according to them, "supersede" any instructions you have received or may get) which states that copies of the borrowers' ID is required. Then what do you do? :p

Reply by Jenny_CA on 2/13/06 12:52pm
Msg #96713

Re: Read instructions!

With CW I'll see something like : " If resident get copy of Id, if not resident get copy of what you used to ID, but do not send to lender."

Well if they are the lender and the docs are going back to them how in the world do I know who to send them to? Mind you these are not split packages. I don't send anything.

If the SS says to get a copy of the ID I do and if I see something like "Attention Signing Agent" in the docs asking me to get a copy I do, otherwise I haven't been doing it since I am signing the form that asks me to sign that I verified the ID ( sometimes it is an additional one to the Patriot Act) . I haven't had anyone say anything to me yet.

Reply by JanetK_CA on 2/13/06 7:04pm
Msg #96855

I agree. Consider that once you take a photo of their ID, you have a digitized version of it in your posession, which can lead to many kinds of identity theft if gotten into the wrong hands. And what if that person somehow later becomes a victim of ID theft and they remember that you took a digital photo of their ID? That may be far-fetched, but it IS one of the fastest growing crimes in this country.

I'm going to try to see if I can get an opinion on that from an attorney I know. Personally, if my client asks for it, I will request photocopies from borrowers, but I prefer it when there are CIV forms provided in the packages.

Reply by BrendaTx on 2/13/06 12:49pm
Msg #96710

It's hard to know what to do. I am of the opinion that if I can control something to insure I have done all I can so that I can get paid, I am going to do it.

Just use your own judgment and like Paul and Roger both say, read all the instructions.