Posted by Bruce_CA on 6/20/06 1:19am
Msg #126927

Picture of IDs

When I went though a course to start signing, it was mentioned that you should always have a copy of the drivers lic.

Do most people do this? I have not seen this as a requiremnt from many companies.

How do most people handle this? What I have been doing is using my "CardScan" (this is a device to scan in business cards).

Should I continue this practice, or am I wasting my time?


TIA!
Bruce

Reply by Roger_OH on 6/20/06 8:11am
Msg #126948

Many lenders require a photocopy of the photo ID to be returned with the package; others just have you copy the pertinent ID info on a form. Some SAs use a digital camera to photograph the IDs and download them later to send back.

If you do the latter, I certainly would delete it after you're done with it. You do NOT want to have copies of borrower's IDs floating around your office.

Reply by Kelly M Robertson on 6/20/06 9:17am
Msg #126965

While It's very nice that you are trying to assist...

I would never, ever use my own equipment to make copies of my customer's ID. Roger's concern is right-on. I

When you call to confirm the appt, Bruce, just remind the customers that it's important they do their best to have copies ready for you so you can send them back with the docs. If they do have them, great. If not, as helpful as I like to be, I don't make this requirement MY responsibility - if they want to fund, it's their job (and they usually have 3 days) to get those copies to escrow/lender.

Reply by MelissaCT on 6/20/06 12:53pm
Msg #127027

I bought a new digital camera bundled with a printer. If bwr cannot get a copy (short-notice, no copier or just lazy) I use the digital to photograph onto memory card, print from card & put card back into camera & show bwr that I'm then deleting the picture. No, it's not my responsibility, but it is good customer service & takes but a minute of my time.

I have a couple companies I work with rarely that threaten to deduct if a copy is not obtained. Better safe than sorry. We all run business a bit differently & you have to find what works for you.

Reply by Ilona_OH on 6/20/06 1:12pm
Msg #127035

Check PAW's web site. He has a great form

that you can use that is OK with the Patriot Act as visual verification.

Reply by Missy_Lulu on 6/20/06 5:02pm
Msg #127072

Re: Check PAW's web site. He has a great form

I would be a little hesitant to add documents to the loan package. Wouldn't that be a bit of UPL? TC should supply whatever meets their needs for ID verification form, IMO.

Many times when I confirm aptmt with borr, I do not have all instructions yet. Many times the instruction for copy of ID comes with the doc package not the order confirmation. I consider this proactive. If the loan instructions state not to get a copy then I will not take the copy with me from the borr.

Worse case scenario if it is an after hours signing and they forget to get a copy, I give them the option to fax them to me first thing the next morning to insert in the package before I call for pickup.

Reply by SueW/Tn on 6/20/06 5:40pm
Msg #127079

Linda...

I truly don't want to sound argumentative BUT you've posted above with "having the borrower fill out a notary disclaimer". I have to assume you supply that disclaimer as I've only seen a few in my packages. Isn't that the same thing? I have a copy of Paul's form that I carry with me IN CASE the LO requires it. I would never and I do mean NEVER have the BO sign a bloody thing that wasn't included in the package EXCEPT the Borrower's Refusal to Sign which is self-explainatory.

Reply by BrendaTx on 6/20/06 5:59pm
Msg #127081

Re: Linda...Sue. I was thinking the same. n/m

Reply by BrendaTx on 6/20/06 6:30pm
Msg #127084

Re: Linda...Sue. I was thinking the same.

==================================
Okay - I found where my BS detector went
off - contradicting statements - Lulu's
response regarding Paul's ID form:
==================================
-------------------------------------------------------------


Posted by Missy_Lulu of IA on 6/20/06 5:02pm
Msg #127072 from logged in user

I would be a little hesitant to add documents to the loan package. Wouldn't that be a bit of UPL? TC should supply whatever meets their needs for ID verification form, IMO.


-------------------------------------------------------------==================================
Then, earlier this month it's okay to tell notaries
to add forms to their loan packages.
==================================
-------------------------------------------------------------

Re: notary hold harmless
Posted by lulu of IA on 5/4/06 12:12am
Msg #117638 from logged in user

You can look at mine at http://halitek.com/Notary%20Forms.htm
It's titled Notary Disclaimer. It's very simple.


-------------------------------------------------------------==================================
Which takes you to the Notary Disclaimer
which...well, you can read it for yourself in the
first line or so.
==================================
-------------------------------------------------------------
A Special Thank You to all who have contributed forms to this page.

Notary Disclaimer:

Print a bunch of these. Insert this Disclaimer into your loan package the minute it comes off the printer. This way you won't forget when you get to the appointment. This disclosure has a dual purpose. 1) The borrower will sign that they have been made aware (by you) that you cannot advise them. 2) The borrower signs that you did administer the oath required by law. Now do you understand this oath and what it is for? This oath is administered to swear truthfulness to the jurats in the loan package. A jurat has the wording 'Sworn and subscribed', right? The oath is them swearing the truthfulness of this document with a jurat on it. If you DO NOT administer this oath, it can effect the validity of the notarization.



Refusal to Sign:

You are at a signing and the borrower decides not to sign. For your protection, you may want to get a copy of the 'Refusal to Sign' signed by the borrower explaining why he is refusing to sign.



-------------------------------------------------------------
==================================
I don't have a problem with either or none...I
just think it's more of the Ludrake undermining
of regular posters just like her earlier
comment today about notrot posters not being
whatever the snide remark said.

It's just an opinion and and observation. But
to be clear and not to be passive aggressive,
snide or "catty" Linda, I still think you are
hustling Harry's customers with more of the
same old discounting of the value of advice from
of people like Paul as one who practices
UPL. Hardly.

Bad attention is as good for hits and drawing
a crowd as good attention is though, now
isn't it?

==================================

Reply by Linda Kassis on 6/20/06 8:20pm
Msg #127096

Re: Linda...Sue. I was thinking the same.

***Notary Disclaimer:
Print a bunch of these. Insert this Disclaimer into your loan package the minute it comes off the printer. This way you won't forget when you get to the appointment. This disclosure has a dual purpose. 1) The borrower will sign that they have been made aware (by you) that you cannot advise them. 2) The borrower signs that you did administer the oath required by law. Now do you understand this oath and what it is for? This oath is administered to swear truthfulness to the jurats in the loan package. A jurat has the wording 'Sworn and subscribed', right? The oath is them swearing the truthfulness of this document with a jurat on it. If you DO NOT administer this oath, it can effect the validity of the notarization.

Refusal to Sign:
You are at a signing and the borrower decides not to sign. For your protection, you may want to get a copy of the 'Refusal to Sign' signed by the borrower explaining why he is refusing to sign. ***

I stated above that I insert it (bundle) it with my loan package after printing so I don't forget to have it signed. That does not mean I am inserting it to be returned to lender/tc. Same with the refusal to sign (for my file) not to accompany the loan package back.

I stated that I would be hesitant about adding something at my own discretion to go back to lender/tc. If I wanted to be a judgmental a** I would have posted something to the effect of 'Are you insane? That is definitely UPL. You will get your butt hung for that one!' That is not what I said. I generally will not post many things as a for certain. (Oh and now you will spend how much time going back through my posts to find something I posted as a for certain to supposedly prove I'm a liar).

I am on this board since #1 I paid for it and # two I am on several boards as my time allows. If you knew of ventures off this board you would know I am not working against notrot or harry and traci, but then how would you know that? So what is your personal agenda? I should think you should have something better to do than to constantly come after me.

Oh BTW, you love everyone remember. Yet what was that narcissistic post about me. BTW I didn't waste my time reading it, I was told about it. Don't you seriously have anything else to do? Oh are you the 'saviour' of this board? And that 'Now it's time to get back to talking about me. (hmm...what is that word again that you keep using as if you know it so well? Oh ya...narcissistic.

Reply by BrendaTx on 6/20/06 8:59pm
Msg #127098

Re: Linda...Sue. I was thinking the same.

**So what is your personal agenda?**
I like to write. People here put up with it and are really nice about it.

**I should think you should have something better to do than to constantly come after me. **
It's not constant. Just when you make remarks that I have strong opinions on.


**Oh are you the 'saviour' of this board?**
No.

**'Now it's time to get back to talking about me.**
Addressed in an earlier post.

**Narcissistic**
We all have some degree of it in our personality. I certainly do. If you confront a malignant narcissist about their behavior they deny it, get angry, and they do all they can to spin the table, pretend their behavior was no such thing, and eventually believe their own fabrications.

For instance, poor Ken Lay never did know what was going on at Enron. It was everyone else's fault. He never took responsibility for his behavior and people saw right through it.

Reply by PAW on 6/20/06 7:15pm
Msg #127087

I don't advocate arbitrarily adding docs to the package

The form is there to use in case the borrowers do not have copies of their ID. I always call the hiring agency and explain that the borrowers do not have copies of their ID. "How would you like me to proceed? BTW, I have a form that is Patriot Act compliant and captures all the necessary info. Would you like me to use that?" Seems to work for me and many of the companies I work with.

Reply by Missy_Lulu on 6/20/06 7:57pm
Msg #127092

Re: I don't advocate arbitrarily adding docs to the package

My misunderstanding. I understood that this item would be added to the package at the sole discretion of the notary. Great idea to carry as back up to use under instruction of lender/tc etc. In that case, I will probably add that to my bag also.

Sue/The notary disclaimer is not something I send back with the package. This is an item for my file.

Reply by BrendaTx on 6/20/06 1:38pm
Msg #127041

It does not seem to be as stringently required as it once was. I wonder if this was a requirement that came more from the evolution of signing services so that ALL possible bases were covered that could be. From a manager's standpoint it is not a bad idea. As my own manager, so to speak, I do capture a picture with a camera where required, and I can print straight from the camera.

Reply by SueW/Tn on 6/20/06 5:42pm
Msg #127080

I agree Bren

Seems like the past 4 or 5 packages I've done are NOT requiring copies of the ID.

Reply by ReneeK_MI on 6/20/06 6:24pm
Msg #127083

Re: Sue & Brenda

I'm thinking they're taking the "See no evil, hear no evil" stance, more and more. If they leave it to the notary to properly ID, and do NOT ever have a copy of the D/L in their file or posession ... then if push ever comes to shove ...

Reply by dickb/wi on 6/20/06 7:08pm
Msg #127086

Re: Picture of IDs........FYI.....in wi....


Wisconsin State Statute Section 343.43 (1) (F) prohibits the photocopying of drivers licenses. The statutory provision reads as follows: “No person shall: Reproduce by any means what ever a copy of a license.”

Reply by PAW on 6/20/06 7:45pm
Msg #127090

Re: Picture of IDs........FYI.....in wi....

I believe you are in error. According to the WI Dept of Transportation, it is perfectly acceptable to make a copy of a **driver's license** (but not other state issued ID cards) for the purposes of identification. I was directed to the following as cited in the WisDOT Transportation Rules:

Trans 102.205 Copying of driver licenses.

Any person, including the state or federal government, or an agency or political subdivision thereof, may make a copy of a driver license provided the copy is intended to be used for the identification of the person to whom the license has been issued and the person does not sell or transfer the copies to any third person or include the copy of the driver license photo in any electronic or paper library of images. This provision does not prohibit a lender or business from requesting and making a copy of a driver license as part of an application for credit or other business services and forwarding that copy with the application materials in the ordinary course of business when the commercial paper or business is sold or transferred.

Note: Amendments to s. 343.43 (1) (f), Stats., enacted as part of 1999 Wis. Act 9 provide the department with authority to adopt this rule with respect to driver licenses. No similar authority exists with regard to the general prohibition against copying identification cards found in s. 343.50 (12) (e), Stats. See State v. Schwolin, 57 Wis. 2d 764 (1973), for general guidance on the copying of identification cards. History: Cr. Register, August, 2000, No. 536, eff. 9-1-00.

Reply by dickb/wi on 6/20/06 8:03pm
Msg #127094

Re: Picture of IDs........FYI.....in wi....

based on what you have here i stand corrected but was not aware that had been changed....i will consult my atty to-morrow who is also in the legislature and get his ok, as he has cautioned me in the past......thanks paul apprecite it.......

Reply by PAW on 6/20/06 8:11pm
Msg #127095

Re: Picture of IDs........FYI.....in wi....

I was surprised at this as well. I had a closing a few months back with an attorney from WI that was purchasing a vacation home here in Florida. When I asked for ID and saw that it was a Wisconsin D/L, I asked him about the "copy" law and he referred me to WisDOT who led me to the citation that I quoted. He had no problem offering his D/L to be copied for our files.