Posted by GF_CA on 5/6/06 10:03am
Msg #118101

Borrower do not have ID

Meet the borrower for a signing but he said lost his wallet three weeks ago. The girlfriend said I can use two CW like last time (six months ago)????????? Only that, one CW has his DL expired and the other one has financial interest, so I can’t use them. I suggested the next day to go and get an ID or find another two CW with valid ID. They said ok! Appointment is schedule for the next evening. They call and said cannot find two CW, only one. He asked if I can wait until next Monday so he can go to DMV after work, get the info and take them to cashier check so he can get the ID. I don’t know what they are talking about. My question is can I refuse to do the signing after two days?

Reply by Calnotary on 5/6/06 10:59am
Msg #118103

They (SS)owe you a trip fee and print fee if aplicable at least.
I had one borrower last Friday that I was scheduled to do it at 6PM. Later on the borrower
wanted to sign on Saturday at certain time, I had plans for Saturday so I couldnt accomodate them
so, they were suppossed to send out another notary to pick the docs, never came. Not my problem.
I always do my best to acommodate to the borrowers schedules if they change for some reason, but
when you have plans for that weekend, I dont change my plans in some cases. Remember you are a
I/C not an employee.

Reply by CaliNotary on 5/6/06 12:24pm
Msg #118110

Obviously he's not going to be able to get a picture ID from the DMV on Monday. And no matter what others might tell you, this is NOT a situation that would allow for the use of credible witnesses to begin with. Just because somebody doesn't have another type of valid ID doesn't mean you can automatically use credible witnessesses as ID.

As for refusing to do the signing, you're your own boss, you can refuse to do any sigining for any reason you see fit. I sure as heck wouldn't sign this guy until he had a valid ID in his hand.

Reply by Joan Bergstrom on 5/7/06 12:31am
Msg #118172

This is a situation where 2 credible witnesses could be used in Calif. I don't understand why 2 credible witnesses could not be used? Am I missing something here?


If a person does not have a valid I.D. in Calif. and we don't personally know the person, this person can be identified by 2 credible witness

Of course they have to have current I.D. (usually a Ca drivers license) because the notary doesn't know these credible witnesses.

Calif and Florida are the only 2 states that allow 2 credible witnesses to I.D. a person (unless some other state has changed to allowing 2 credible witnesses in the last several months?)

Reply by CaliNotary on 5/7/06 2:07am
Msg #118175

Yes Joan, you're missing something that has been pointed out to you time and time again, yet you just ignore it and play dumb every time.

As a notary instructor you should already know the credible witness requirements and they are NOT only that a person doesn't have a valid ID and we don't personally know them.

Read your notary manual since you're obviously not up to speed on notary law; it's pretty clear that there must be special circumstances other than not having an ID.

I hate to think what other misinformation you're passing on to your students.

Reply by Sylvia_FL on 5/7/06 10:01am
Msg #118186

Re: Borrower do not have ID - Joan

Joan
We can only use credible witnesses if the borrower does not have ID and cannot get one.
So, basically it is for those who are housebound, in a nursing home or hospital, as most people can get an ID.

Reply by Bob_Chicago on 5/6/06 12:46pm
Msg #118115

Problem even if a CW is ok

Illlinois requires that at CW be known to both
the bwr and the notary, so I have never used a CW.
Even if a CW is permitted in your state for the circumstances,
it may not be valid for loan signing purposes.
The Patriot Act requires actual ID documents, generally
a government issued, valid, picture ID.
A CW is no more valid for this purpose than one
would be to board an airplane.
If the bwr has sufficient ID to satisfy the lender's requirements
for Patriot Act purposes, you mignt (in accordance with your state's
notary law) be able to use a CW to clear up such issues as
middle initial, etc.

Reply by Jenny_CA on 5/6/06 5:11pm
Msg #118140

Re: Borrower not have ID

Had this happen again yesterday. I call ahead to confirm valid ID and ask for copies ( as instructed by the docs). Arrive BO does not have it, has a copy of an work permit ID, expired passport. States purse was stolen.....a year ago.

They call LO and she tells me to use SScard, I give her the SOS website address so she can look up what I can use. She calls back tells the borrower that they will send another notary the next day. The borrowers were upset with me.

I am keeping this short, did suggest they use a notary friend they have but it was incovenient for them since he is 30 minutes away. The SS said I would get paid full fee, I didn't think it was fair to settle for the trip fee since I asked about the ID info ahead of time.

I'll post if I do receive the full fee, this SS also gave me his full fee on another signing that had scheduling problems so I am not too worried ( saw it on the HUD).

Reply by Jenny_CA on 5/6/06 5:21pm
Msg #118141

oops, meant " copy of an old work permit" n/m

Reply by MBCA on 5/7/06 10:03am
Msg #118187

Re: oops, meant " copy of an old work permit"

Jenny, I had the same thing happen to me! Not being that experienced, but knowing my notary law I had the borrowers, the signing service and the lender on my back trying to get me to let the ID thing slide! Wife had kept her maiden name when she got married, so nothing to prove she really was Mrs. Jones and to complicate the situation more when the husband bought the house (which was new), he signed the place over to the wife, but in her new married name! For all I knew the real Mrs. Jones could have been buried in the back yard! The borrower told me that this was all nonsense and all I had to do was check the marriage license and of course the lender, who will say and do anything to make the loan go agrees with the borrower. The signing service wants to get more business from the lender, agrees with both of them so guess who's the bad guy here! This job is not for wimps!