Posted by Laura Smith on 3/16/07 5:48pm
Msg #180270

Notarize incomplete signature

Am I losing my mind. Borrowers name on docs: J. Doe Smith. Borrowers name on ID: John D. Smith.

Lender says AKA statement covers this and that I can notarize eventhough his ID doesn't match the name on the docs. I know this is basic but I am getting really confused by everyone elses opinion.

Thanks, Laura

Reply by dickb/wi on 3/16/07 6:05pm
Msg #180274

aka is not enough id for a notary.......

j. doe smith could be jefferson doe smith/jackson doe smith/james doe smith etc...........
john d. smith could be john david smith/john donald smith/john dorian smith.....etc

Reply by MikeC/NY on 3/16/07 6:05pm
Msg #180275

<< Lender says AKA statement covers this and that I can notarize even though his ID doesn't match the name on the docs. I know this is basic but I am getting really confused by everyone elses opinion.>>

What does your state notary law say about ID requirements? That's what you need to go by, regardless of what the lender says. If you're given enough wiggle room to accept an AKA statement, you should be OK - but you need to make sure you are complying with your state requirements.

Reply by Laura Smith on 3/16/07 6:18pm
Msg #180278

State law is a little vague. Wording is: "Identification based on a current document issued by a federal or state government with the individuals photograph, signature, and physical description.

Reply by Dennis D Broadbooks on 3/16/07 6:44pm
Msg #180282

If You Were Called into a Court of Law...

...& were asked to state upon what basis you identified this perfect stranger [assuming you don't know the signer from Adam], would YOU be comfortable explaining the ID didn't exactly match the name on the docs? If your state law isn't specific enough to provide you with clear direction then you have to use common sense [i.e. Is the photo on the ID a close match? Is the signature on the ID a reasonable facscimile of the one the signer placed in your journal? Does the signer have ANY alternate non-photo ID which contains the part of the name in question?] . Hopefully that'll be enough to pass muster before a judge; but then you need to think about the consequences of your actions NOW, not later. With what you've presented so far I'd say it's your call...not anyone else's.

Reply by MikeC/NY on 3/16/07 6:45pm
Msg #180283

<<State law is a little vague. Wording is: "Identification based on a current document issued by a federal or state government with the individuals photograph, signature, and physical description.>>

Well, that's a little better than we have here - we need "satisfactory evidence", with no guidance at all as to what that might be. Just to make matters worse, NY driver's licenses have a limit on the length of the name - so if the last name is long, all we get are the first and middle initials...

I take the ID and match photo, description, and signature. You could probably do the same, but you should check with your SOS or whatever agency responsible for notaries to make sure it's OK.

Reply by eaolano on 3/16/07 6:46pm
Msg #180284

I agree. I also checked CA's notary handbook and there wasn't anything specific on how to check the names (unless I missed it).

I've also always wondered about the popular rule "ID can have more but not less name". Where did that come from? If the doc name is John D. Smith and the ID has John Denver Smith, what if the docs are actually for his twin brother John David Smith?

Would love to be enlightened,
Ever

Reply by Laura Smith on 3/16/07 6:50pm
Msg #180286

I also couldn't find anything to support the popular rule "ID can have more but not less".

Reply by DebbieT on 3/17/07 12:08am
Msg #180326

Secondary ID. CYA!