Posted by JamesLee/VA on 8/1/07 1:13pm
Msg #203238

Scratched ID\Question???

Heres one I cant seem to find under search.
Had a purchase closing at 10:30Pm last night. The buyers ID (Drivers License) had her face scratched out. Apparently her and her sister got into an argument and thats what resulted.
The wife was the purchaser..the husband was the seller..and there was a real estate agent there as well. So I had no other way to verify her ID due to no credible witnesses that did not have a financial interest.

Today the buyer has had her D\L reissued. The reissue date has 08\01\2007. My question is this. On my Jurat what date do I use since last she did not satisfy the Identity requirements? It really is her but with this being a purchase and Virginia's Laws tightening up on ID fraud I dont want to do it wrong.

Do I put todays date with an individual ack attached or do I put yesterday since she has now verified her ID.

Thanks for the help!!
JLee

Reply by Sylvia_FL on 8/1/07 1:28pm
Msg #203239

Obviously you didn't notarize her signature last night as you couldn't ID her.
Your date on your certificates must be the date you notarize. So, she presented ID today, you notarized her signature today, so today's date should be the date of the notarization.

Reply by natogan on 8/1/07 1:29pm
Msg #203240

Regardless, you MUST to use the date you conduct this NOTARIZATION. Yesterday the ID was not valid, but since today it is functional. Cover your assets!!!!
Good luck.

Reply by BetsyMI on 8/1/07 1:48pm
Msg #203241

I agree with what the others have said, but have you checked with the Title Company to see if this is even going to fly with the notarized docs being notarized a day after the closing was supposed to take place?

Reply by natogan on 8/1/07 2:03pm
Msg #203244

I this case I don't think it is our concern to contact the Title Company. It is a law. We accknowledge or sworn/affirm of the signatures and the dates. If the dates are sensitive they will be redrawing the docs.

Reply by SueW/Tn on 8/1/07 2:10pm
Msg #203245

wow....Title would be the FIRST person I would contact

It's a purchase....no sense taking up his day IF they're going to redraw. Fact is I would have called title before I posted here.

Reply by BetsyMI on 8/1/07 6:04pm
Msg #203286

To Natogan

It definitely would be my concern, because if it were me, the signing would have been halted last night when I saw the invalid ID.

It sounds like the Notary proceeded with the signing with a promise from the borrower to have her DL reissued the next day. I would have said at that point that the docs were going to need to be redrawn and this closing is finished.

Reply by MelissaCT on 8/1/07 10:39pm
Msg #203346

Re: BetsyMi, I was thinking the same thing, signed yesterday

but not notarized at the time of signing. The only way that would work is if only acknowledgements were in the package (no jurats) -- of course, since the actual notarization occured TODAY, the dates of noarization would all have to be Aug 1., but the documents "could" have been signed at any time. Technically speaking, of course.

Best course of action would have been as you described. Signing halted until proper ID was obtained.