Posted by HereinSOCA on 1/31/06 11:24am
Msg #92611
Questions Re: Name Affidavit!
If some of the names on a Name Affidavit are incorrect (according to the borrower), or several of the names listed, do not match the borrower's I.D. , how does the notary complete the notarization? For example:
The loan documents list the borrower as : John Evans Smithe.
However the Name Affidavit list:
John Smithe
*John Evans Smithe
J. E. Smithe
John Evans Smithe Sr.
John E. Smithe
John Smith
*John Evans Smith
J.E. Smith
John Evans Smith Sr.
John E. Smith
The borrower's current Drivers License shows: John Evans Smithe.
The borrower says that only *John Evans Smithe and *John Evans Smith are correct. That he has credit cards are in the names of both John Evans Smithe and John Evans Smith (sometimes the e is dropped off, and he has never had a problem using them).
That he has a son named John Evans Smithe Jr. (listed on the birth certificate), but he has never added Sr. officially to his name. However, he always signs John E. Smithe Sr. or J.E. Smithe Sr. when completing "juniors" school papers. He wants to add these two "senior" names to the affidavit because he uses these names in all school documents. Also, he wants the remander of the names deleted because they are not (and never have been) used by him.
His signature on the license is: John Evans Smithe.
As a new notary, I understand about names matching the I.D. However, isn't a Name Affidavit suppose to show the name or names the borrower has used or is using (although legal or not)? That he is to "swear" that these names are true?
Therefore, should the incorrect names (according to the borrower) be deleted (lined through and initial by him) and the two additional "senior" names inserted (and hand printed by the borrower)?
And, if there are going to be so many changes, should a separate certificate (Jurat) be used for clarification?
Thanks!
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Reply by Jenny_CA on 1/31/06 11:52am
Msg #92625
The borrower can neatly line through the names he won't swear by an initial. If he tells you he legally uses the other names and wants to include them he can, don't advice (or suggest )him on what names he should include . Don't need another jurat, if you include another you are taking up upon yourself to decide the "clarification". Hope this makes sense.
If in doubt call the person who hired you and ask " Borrower does not go by these names on the Name Affidavit but does go by this one is it all right to line through the wrong ones initial, and add other names he goes by?" simple.
Good luck.
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