Posted by VBNotaryVA on 4/27/07 12:01am
Msg #187291

Patriot Act Identification Form

I have had different responses from various mortgage companies about whether the signing agent (notary) fills this form out or just sends back a copy of identification along with it. Obviously, we do what the company asks us to do, but does anyone else have any feedback on what the notary's obligation is to filling out and signing this form?
Thanks

Reply by Lisa Prestegard on 4/27/07 12:08am
Msg #187292

Since the language on the standard form is not specific, it's a judgement call. However, since YOU are the one actually identifying the Borrower, it makes sense that you should fill out the form based on the identification presented at the time of closing. Personally, I fill it out.
You can download and print copies of this form on my website www.naplescloser.com

just my .02

Reply by VBNotaryVA on 4/27/07 12:13am
Msg #187294

Thanks, that's the way I see it, too and it would only make sense for the signing agent to fill it out, but some lenders have specifically asked me not to, so I just comply with their instructions.

Reply by Roger_OH on 4/27/07 8:47am
Msg #187314

ID forms - what NOT to do...

Agree that we should fill out the form based on the ID info, and sign the form as the verifier/signing agent - but NOT as a notary, since the verification isn't a notarial act.

A number of ID forms have a notary block to the effect that you have "certified" the ID information, but you can't notarize your own signature. The only time you can notarize the ID form is if the borrowers sign the form verifying that their ID info is correct. You don't sign the ID form as a notary under any other circumstance, only as a signing agent.

Reply by Lee/AR on 4/27/07 9:46am
Msg #187325

Re: ID forms - what NOT to do...

Also, and this should go without saying, but--don't add the form to a package. If it isn't there; it isn't there. Not our job to decide what should or shouldn't be in a pkg.

Reply by sue_pa on 4/27/07 12:05pm
Msg #187376

again, one more time, as always - STATE SPECIFIC

...The only time you can notarize the ID form is if the borrowers sign the form...

State specific - I can 'certify' and the borrowers don't have to sign the form - as stated on prior occasions, many on these boards would consider something PA permits to be 'notarizing our own signatures' but it's not.

Reply by Linda_H/FL on 4/27/07 10:13am
Msg #187329

Re: Some of these forms contain specific language

that the signer personally examined the original identifying documents - leaving it clear that the signing agent is to sign it - as a signing agent, though, not as a notary, and I amend the form to reflect that..