Posted by GTinVA on 11/9/06 5:46pm
Msg #158558

ID issue

Lender calls to let me know NBS has an expired DL. Wants to know if I will accept it with an original birth certificate. From all that I have gathered between training and mentoring, IDs should be current. This is a first for me, as I have been fortunate enough to never run into this situation. Any thoughts?

Reply by Merry_CA on 11/9/06 5:51pm
Msg #158560

What does your state's notary handbook say about this situation?

Reply by GTinVA on 11/9/06 5:56pm
Msg #158563

It says, "Unless such person is known by the notary, identity shall be ascertained by examination of one or more of the following documents: a US passport, a certificate of US citizenship, a certificate of naturalization, an unexpired foreign passport, an alien registration card with photograph, a state-issued driver's license, state-issued ID card or US military card. It doesn't address the DL being expired only the foreign passport.

Reply by Lee/AR on 11/9/06 5:52pm
Msg #158562

Follow your state laws. There is no blanket answer.

Reply by PAW on 11/9/06 6:04pm
Msg #158564

On page 5 of the VA handbook it doesn't specify that a state issued driver's license need be current. So, according to your handbook, you could accept the expired DL. However, the lender, in compliance with the Patriot Act, may not.

So, my take is, that you can notarize as required because the expired DL is within your guidelines for the state. And, the lender is allowing you to use the DL plus an original birth certificate for their needs. That's their call. You should be okay.

Disclaimer: The preceding is a personal opinion of the author and is not to be construed as legal advice nor a legal opinion.

Reply by GTinVA on 11/9/06 6:07pm
Msg #158565

I was thinking the same thing. Thanks, PAW. For your personal opinion not to be construed as legal advice...:-)