Posted by Art Castaneda on 3/28/07 8:31pm
Msg #182466

Help- don't know what to do?

Hello all,
I have a notary in about an hour for which the borrower just called to confirm. I asked the borrower if she had an id, and the only thing she has is a resident alien card. I know this is not on the approved list. I called the signing company, and they said go ahead and get it signed with the resident alien card. Is my butt on the line here? Should I notarize with the resident alien card or try to find another creative solution such as a witness? Please help????
Art

Reply by cara on 3/28/07 8:37pm
Msg #182468

You could use credible witnesses--- but, you should contact LO to see if this is okay with them.
If they are Mexican nationals, ask if they have a valid Mexican driver's license. This is on the CA list. Many lender's will not accept your reliance on a non-government issued photo ID without their prior approval

Reply by Becca_FL on 3/28/07 10:09pm
Msg #182479

You have a Notary?

What the heck do you plan to do with him/her?

Reply by John_NorCal on 3/28/07 10:12pm
Msg #182481

Art, I think you really need to do some studying of notary laws before you set your seal to any kind of document. You need to know your laws forwards and backwards so that you don't fall for a line from any signing service or anyone else for that matter. To answer your question, YES your butt will be on the line if you notarize without a valid ID.

Reply by JanetK_CA on 3/28/07 10:27pm
Msg #182485

My thoughts exactly. This is the most critical part of what we do and at the heart of what it means to be a notary. Anyone who is not confortable about what to do when someone does not have proper ID (or how to make that determination) should go back to their SOS handbook and carefully study that section. (I'm talking CA here - I know not all states do things the same way - or even have a handbook.) Second, there have been numerous discussions here with very valuable information about IDs, lack of ID, etc. and there is no possible way for anyone to duplicate all that has been said over the years here. If you go to school on this subject by doing lots of searches, you will have learned a great deal.

HOWEVER, I've said here before many times and I'll repeat again: be careful whose advice you listen to. There are too many people who post an opinion who I feel belong in the category of "often wrong; never in doubt". Just because someone seems to say something with certainty doesn't mean they are correct. [And I doubt if any of us are correct all the time... ;>] Over time, though, you can get a pretty good idea of who has been around for a while or who seems to know what they are talking about. Ultimately, though, as John NorCal rightly said, "YES your butt will be on the line ".

Reply by Lisa Wood on 3/28/07 11:02pm
Msg #182492

I really don't know about CA, you do need to study your SOS handbook, but in Texas, we are able to accept resident alien ID's or "green cards" issued by the U.S. Immigration and Naturalization Service.

Reply by Stoli on 3/29/07 10:07am
Msg #182586

I once accepted a Matricula on the word of the LO, and later

verified it with the Secretary of State that it wasn't legally acceptable ID; it still bothers me today, five years later. The loan officers and signing services are vested in completed signings, and really could care less if your commission is left intact.

Reply by ZeeCA on 3/28/07 11:05pm
Msg #182493

no id? ss says ok? why bother going if you follow that

instruction... just sign it yourself as it will be just as legal........... NOT

no id, how can you begin to know that they are who they are supposed to be?

jmo ...

and i agree. ...... you need to know what you can and cannot do to stay on the up and up

gl

Reply by ewing2surf on 3/29/07 1:22am
Msg #182511

A green card is not an approved ID in California unless it is used to identify the signer of immigration documents. The creative solution is Credible Witnesses.