Posted by bookabear on 7/20/06 10:30pm
Msg #134336

Affidavit Regarding Proof of Identity

Haven't seen this doc before. Doing a signing at 9pm tonight. It says "I, (closing agent) being duly sworn......have taken following info. ie.... id's, names, and drivers license #/ personally viewing their id's. Do I sign as the "closing agent" on this form?

Reply by bookabear on 7/20/06 10:31pm
Msg #134338

Please help asap. doing closing in a bit

??

Reply by SarahBeth_CA on 7/20/06 10:33pm
Msg #134339

Re: Please help asap. doing closing in a bit

I line through closing agent, write signing agent and initial.

Reply by Becca_FL on 7/20/06 10:53pm
Msg #134354

Re: Please help asap. doing closing in a bit

Also, line through "being duly sworn" and initial. You can't give yourself an oath.

I had a real winner ID verification form today. I'll share:

THIS FORM MUST BE COMPLETED & RETURNED WITH PACKAGE

NOTICE TO NOTARY PUBLIC

TO NOTARY PUBLIC:

I, the undersigned Notary Public, in and for the County of____, State of Florida, do hereby swear that the attached acknowledgement being taken this date are by the intended persons and proof of their identity is herein shown and attached to this notice I hereby acknowledge that receipt of these documents without required proof of identity will not be accepted by the Settlement Agent and these documents will not be accepted for final closing.

_________________________ __________________________-
NOTARY PUBLIC PRINT NAME NOTARY PUBLIC SIGNATURE

MY COMMISSION EXPIRES:________________________
PHONE NUMBER FOR NOTARY:______________________

*******************************************************************

ANY ONE OF THE FOLLOWING PROOF OF IDENTIFICATION IS ACCEPTABLE FOR NOTARIZATION:

DRIVERS LICENSE
STATE ISSUED PHOTO ID CARD
SOCIAL SECURITY CARD ALONG WITH PHOTO ID

NOTE: Copy of the identification MUST be attached to this notice or acknowledgemens will not be accepted and all documents will bereturned for new signatures, proper acknowledgements and witnessing.

STATE OF FLORIDA REQUIRES DOCUMENTS TO BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC AND TWO (2) SEPERATE WITNESSES. WITNESSES MAY NOT BE A PARTY TO THE TRANSACTION. WITNESSES NAMES MUST BE SIGNED AND PRINTED. PLEASE PRINT YOUR TWO (2) WITNESSES NAMES HERE:

______________________________
_______________________________


I sure would like to meet the bozo atty. that came up with this one. I could teach him/her a thing or two. This doc is wrong on so many levels, it's frightning.

Reply by REE_NJ on 7/20/06 10:33pm
Msg #134340

Re: Please help asap. doing closing in a bit

Yes, you should sign this document since you are the individual personally verifying the id at closing. Some NSAs like to put a line through the word "closing agent" and change the verbiage to Notary Public and initial.

Reply by MelissaCT on 7/20/06 10:40pm
Msg #134348

I have an issue with the "being duly sworn" portion of the statement -- who, exactly, has placed the notary under oath? You are not the "closing agent".

If this is the form I recall seeing before, there is also a notarial block under the verbiage you've described. The form is designed to be used in-house where the notary would perform the oath & notarize the closing agent's signature.

If not, disregard the preceeding paragraph.

Reply by bookabear on 7/20/06 10:45pm
Msg #134351

Thanks everyone! One more ? Is this a doc that needs to be notarized?

Reply by Roger_OH on 7/20/06 10:50pm
Msg #134352

As Melissa noted, no one is swearing you in, so line that phrase out and initial. As was also noted, cross out "closing agent" (which you are NOT), write in "signing agent" and sign the line. Note that you are NOT performing a notarial act on this ID doc, and it is not notarizable in that form. It's the same with similar ID docs that ask you to "certify" an ID doc by notarizing it. We notarize signatures, not documents. Now, if the borrowers were to sign acknowledging that their ID information is correct, then you can notarize THEIR signatures.

Reply by JAM/CA on 7/21/06 1:19am
Msg #134405

Perfect explanation Roger. Nice!

Reply by bookabear on 7/21/06 1:44am
Msg #134416

yeah... I agree. Thanks Roger!