Posted by Cam/CA on 11/8/06 7:09pm
Msg #158254

The dreaded Borrower ID problem

I just came back from a no sign. Redrawn on docs. borrower had previously signed. My problem was that the docs had Sr on them and BO ID (DL) did not, so I couldn't positively ID him as senior, the only other ID with Senior on was a Home Owners Assoc. Card. I told him that I couldn't accept that as legal ID. The BO's (especially the husband) was upset as the previous Notary didn't have a problem with this. After a few discussions with the Closing Co (a BIG company), they asked me to leave the docs and I guessed and it was confirmed by the company after was that they were going to have the previous Notary to go back and have them sign. He slammed the door as left, then stood outside and watched me leave, I have to admit I was scared. I'm sure I did the right thing. Please excuse any typos. Also, what in your opinions are I am entitled to Just a doc. printing fee? Thanks for any input.

Reply by Linda_H/FL on 11/8/06 7:15pm
Msg #158256

Did they agree to pay you if it was a no-sign? I get that in writing on my confirmation as to what I'm paid if no-sign and what I'm paid if rescinded -

I would at least ask half the agreed fee - to cover your printing and your travel/time.

Reply by Carmela Arndt on 11/8/06 7:24pm
Msg #158258

They said they would pay a $25,00 print fee only. I told them I thought that I should get more as this was not my fault the the docs were wrong, they were going to get a supervisor call me back.

Reply by Linda_H/FL on 11/8/06 7:28pm
Msg #158260

That's why I get that worked into the confirmation I get - no issues later.

Reply by Maria Herrera on 11/8/06 7:30pm
Msg #158261

I agree with Linda. I would charge 1/2 of the signing fee plus my printing fee. This was totally not your fault and you were right to leave.

On another note, there are many notaries out there that will break the rules just to make a buck. I recently went to a signing where the borrower did not have a valid CA ID. His had expired last year. (issued over 5 years ago) The funny thing is that he had just had another Notary there the previous week to notarize docs for another property he had purchased. The accepted his expired ID. His wife had to sign a Quitclaim and she did not have a Valid ID either. I asked her what the other Notary had accepted and she said that she had accepted an expired Mexican Passport and her expired Matricula Consular Card. I told her that I could not accept any of those items and that it would be illegal to do so. They did however have Driver's licenses from Mexico which were not expired, which I used. I run into this a lot, especially dealing with Hispanic signings. Let me tell you, I have not been able to sign a few because of this and the Lenders always find a Notary that will do it. (The signings I was not able to do couldn't even get 2 credible witnesses. They were in the same boat! No valid ID)

Reply by Maria Herrera on 11/8/06 7:32pm
Msg #158262

Re: Oops, sorry for the typo! n/m

Reply by Linda_H/FL on 11/8/06 7:41pm
Msg #158263

Re: To clarify

My fee includes e-docs - if it's a no sign I get 1/2 the total fee - not half-fee plus print fee...

However, I did have that one a couple months ago - 90 miles rt - guy signed 85% of the papers and decided to "consult" his buddy who is a mortgage broker - after 30 minutes on the phone he decided the deal wasn't for him and stopped the signing - I had 3-4 hours put into that one, counting travel, and the company paid me IN FULL in a week - that was sweet - but normally it's half fee.

Reply by CJ on 2/28/07 12:22pm
Msg #177519

I am mortified to read that notaries would accept Mexican IDs. Isn't that some sort of a felony on the notary's part? There are some things worse than not getting paid, and that is getting arrested. I would rather sleep well at night.

I tell the illegals to get two witnesses with valid US IDs. Mexicans ususally have tons of friends. One night (10:00 p.m.) The guy kept calling up all of this friends, and they all kept showing up to ID him, but no one had VALID IDs. It was turning into a big chatty reunion becuase everyone was hanging around anyone. Finally I got the IDs I needed.

(After signing someone who has no legal ID, I always call INS the next day and tell them which company is hiring the illegals. Inever say who I am.)

Reply by Rachel Spacal on 11/8/06 8:43pm
Msg #158274

Hey Linda .. I am just now exploring this as a new career path. I currently work for a Home Improvement company where we find funding generally showing as a 2nd mortgage against their property. I do at least 4-8 closings a week (time permitting as I have a f/t day job and a p/t night job) so I have most of the details down pat & am very comfortable with closings.

I have questions though. Would you be willing to chat with me thru email and answer a few things for me? If yes please contact me at [e-mail address] or on MSN Messenger at the same address..

I am very anxious to get started making better money!! Thank you

**Anyone else can give advise also!!

Reply by SueW/Tn on 11/8/06 7:17pm
Msg #158257

I have a question on this one myself. Logic dictates that no one knows their son is going to be a "senior" at birth. I have never heard of someone naming their child Charles Smith Sr., Jr. yes, the third, yes but senior? No. I'm curious how others handle this. How does one get a DL in Senior if their BC does not show that name? Is this a matter of a legal name change?

Reply by Pamela on 11/8/06 8:00pm
Msg #158268

Sue, Re: The dreaded Borrower ID problem

See thread number 137795 .

Pam

Reply by MelissaCT on 11/8/06 9:35pm
Msg #158287

In CT

my husband went to motor vehicles and had to present his current DL along with our son's birth certificate to show the change of name (i.e., he was now a SR to his son being JR) Same way when you get married/divorced, etc., you go to motor vehicles & change your name by showing appropriate documentation. Just because someone didn't think to do this doesn't make it YOUR problem. If they sign as SR, and docs are drawn as SR, ID should match.

Reply by Linda_H/FL on 11/8/06 9:51pm
Msg #158292

Re: In CT...but Melisssa

That doesn't change his name LEGALLY..does it?

Reply by Gerry_VT on 11/8/06 11:55pm
Msg #158321

Re: In CT...but Melisssa

I'm not in CT, but my birth certificate is. The web site http://www.jud.ct.gov/lawlib/Law/namechange.htm links to some other sites about CT name changes; the fist one listed is http://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/NamesandNameChanges/names.htm. The second site mentions that "generally speaking, independently of any court order, a person is free to adopt and use any name he sees fit". So it seems that in CT, a peoples legal names are whatever they feels like calling themselves. Also, I'm not aware of any law that requires people to have just one legal name. Personally, I've applied for patents under two different first names and it didn't seem to bother the patent attorneys one bit.

Reply by MelissaCT on 11/9/06 9:42am
Msg #158376

It wouldn't change his

birth certificate, but it did allow him to change his driver's licence (i.e. ID) When you get married/divorced, your name on birth certificate doesn't change, why would it for SR? The only time the name changes on birth certificate is in adoption, as far as I know.

Changing the name on ID simply changes the way you're identified. If documents were to have John Doe SR, I firmly believe I would need to see ID stating John Doe SR or John X Doe SR to properly verify identity. What if John Doe III was before you, trying to sign as SR? ID may not show III as part of name, it may only show John Doe. It has been my experience that CT DMV isn't very strict at all about what name is used on DL.

The preceeding is my opinion only and not to be confused with legal advice. ALWAYS check with the hiring party if there are any questions during the signing process. I believe most states leave some discretion to the notary in determining "satisfactory evidence" of identity. Common sense should prevail. I always take a conservative approach when dealing with the law, as I would rather err on the side of caution rather than bend the law to suit my needs/convenience. Take this for what it's worth & what was paid for it.

Reply by MelissaCT on 11/9/06 9:33am
Msg #158372

Yes, he now signs everything SR n/m

Reply by Pamela on 11/8/06 7:50pm
Msg #158266

Cam Re: The dreaded Borrower ID problem

Copied this from a thread posted this summer by a very experienced notary:

"Are Notaries required to determine Suffix?

Posted by ewing2surf of CA on 8/9/06 11:28am

Msg #137795

A suffix is something added at the end of a word that conditions its usage or meaning.
Jr. / SR. / II / III is referred to as the SUFFIX.

Most new parents overlook suffix when completeing and application for Birth Certificate.
In California to add a Suffix to an issued birth certificate you must file a name change form. As follows...

How do I change my name?

To change your name, you will need some or all of these forms:

Form NC-100 Petition for Name Change
Form NC-110 Attachment to NC-100 or NC-200
Form NC-120 Order to Show Cause for Change of Name
Form NC-130 Decree Changing Name
Form CM-010 Civil Cover Sheet
Form PB-4010 CLETS Background Information Form (This is a local form.)
certificate

Once change the applicant can submit the amended Birth Certificate to the DMV for a new licence/ID

Are notaries required to determine SUFFIX? No."
_______________________________________________________________________


Hope this answers the "Sr." I.D. problem.

Pam

Reply by Cam/CA on 11/8/06 11:03pm
Msg #158312

Re: Cam Re: The dreaded Borrower ID problem

I remember that particular thread. I felt I couldn't ID him as senior and if isn't legally part of his name then it shouldn't have been on the docs..... for the second time. I felt very uncomfortable as soon as I walked in. Thanks for all the input.

Reply by Pamela on 11/9/06 2:49am
Msg #158331

Cam,

You're Welcome.

I just started doing signings this year, and thank goodness,
I have had no identification problems (thus far). The signers
who were (are) "Sr." and/or "Jr", already had that added onto
their driver's license.

Take Care,

Pam