Posted by Carol_in_MI on 3/22/06 9:46am
Msg #107699

SOS not much help - expired ID - RANT

Took an assignment yesterday for a signing today, met my fee no questions, things are going great until I call the borrower. Turns out he has an expired drivers license and cannot renew it until he clears up some tickets. Says he doesn't have a passport or other photo ID.

I double-checked the Michigan Notary Public Act which states the ID must be current and then called back the person who hired me (title company, I think). She was gone for the day so I left a voicemail and also sent her an email stating why I could not do it. This morning she calls me back and says I can still do it and their lawyer would be calling me.

So I get the Michigan SOS on the phone to verify, and this person says if I see a social security card with the expired license that would be OK because I just need satisfactory evidence if I don't know the person. I agree but point out that the Act defines satisfactory evidence as a CURRENT ID. She says she's reading right from their website (since when is that binding law?) and it doesn't say current, that I'm the one with the bond, that I just need to be sure he is who he says he is, and that they can't tell me what to do. I explain that I'm sure he can provide many things with his name to support the expired licence but I thought that I was commissioned by the state and need to follow their laws. She finally backs down and says she doesn't have the Act right in front of her, but if it does say "current" she wouldn't do it.

As I'm typing this, the attorney finally calls me and tries to talk me into accepting a social security card with the expired license or some other forms allowed in the Patriot Act, which she doesn't have in front of her. I agree that that might be fine with the title company but explain Michigan notary law, and she agrees that we will have to postpone the closing.

So what started as a nice paying job turned into much time for no pay. Had I taken the advice of the SOS without questioning it, I'd be on my way to this job.

Reply by Carol_in_MI on 3/22/06 9:54am
Msg #107700

P.S.

I did go to the SOS website and it also states "current" (http://www.michigan.gov/sos/0,1607,7-127-1638---,00.html)

Attorney just called back. They want me to print the package and borrower will pick it up as he knows a notary. So I guess it will get done today after all. They'll pay me a print fee but not enough to deliver it 30 miles.

Reply by Les_CO on 3/22/06 10:08am
Msg #107702

Re: P.S.

It does say "current" BUT it does NOT limit 'verification' to a "current license" as satisfactory verication. However, it also says you may 'refuse' to notarize a signature.

Reply by Mia on 3/22/06 11:16am
Msg #107728

They are not much help....

The people that answer the phone do not know really what the Notary Laws state (I believe they have some book that they do a quick look up in -- not the MCL's).
You have to ask to be connected to the head of the Notary division (Robyn).

The answer is under "MCL 55.285" -- go to http://www.michiganlegislature.org

It states: Identified on the basis of a current license, identification card or a record issued by a federal or state government that contains the person's photogragh and signature.
Or, Personally known to the notary public. Or, Identified upon the oath of affirmation of a credible witness personally known by the notary public and who personally knows the person.

Reply by Renee Kovacs on 3/22/06 4:26pm
Msg #107870

I feel for you, Carol - and I'd applaud your efforts towards integrity if I thought it would get you a coffee at Starbuck's. It's SO FRUSTRATING when you know you're doing the right thing, and you know someone else is getting the paycheck because of it.

Well - bear this in mind, and maybe it will bring you some comfort: if you DID do something you know is wrong (like using expired ID ...), the lender and title co would be MORE than happy to just let the liability of that action land in your lonely little lap. So ... easier to eat the money you'd have made on this, than run the risk of ending up in court by yourSELF.

As far as the State employee goes ... sadly, I'm not surprised. And and atty advising you to use a SS card???

Reply by Carol_in_MI on 3/22/06 10:44pm
Msg #107963

The Irony

Thanks, Renee. It just seemed so ironic that I would call the SOS, who sets the laws and issues my commission, and they say they can't tell me what to do.

And I also wonder if anyone else thought it strange that the attorney wouldn't pay me enough to deliver the documents but sets it up with the borrower (WHO HAS AN EXPIRED LICENSE) to come to me to pick them up.