Posted by Reggie on 3/11/07 8:37pm
Msg #179492

RE: Non Citizens

Is is required for a Notary to make sure all persons signing a loan document to be citizens of this Country?

Also is a W-9 required for all persons listed as co-borrower?

Thank You I am in Kansas.

Reggie

Reply by Sylvia_FL on 3/11/07 8:39pm
Msg #179493

No - you are there to check their ID to make sure they who they say they are and notarize their signatures. Non-citizens can have loans.

It is up to the company to decide who they need W-9's for.

Reply by Reggie on 3/11/07 9:46pm
Msg #179499

Thank you Sylvia FL I have a signing tomorrow at the Bank of America and it is with a Spanish speaking couple. Also there is only one W9 for the husband and I was concerned about the legality of the whole loan since BoA gives credit cards to undocumented persons.

Thank You

Reggie

Reply by Sylvia_FL on 3/11/07 9:59pm
Msg #179501

Do the Spanish speaking couple speak English? You need to be able to converse with them!

Do not allow the bank officers to talk you into notarizing without proper ID etc!

Reply by Regal/NC on 3/12/07 7:50am
Msg #179522

Why would U think it's illegal to issue credit

to a undocumented person??

Reply by BrendaTx on 3/12/07 9:27am
Msg #179529

Re: Why would U think it's illegal to issue credit-

Regal - Where do these questions come from?

Not knocking Reggie but it's an accumulation of many "is this legal???" questions.

What ONE person has been reprimanded or lost their commission due to an error on the part of the lender or title company? (I don't mean a notary trying to commit fraud themselves.)

Reply by PAW on 3/12/07 8:47am
Msg #179526

If there is only one person on the Note (one borrower) then there is only one W-9. If the person is a foreign person, possibly they should not use Form W-9. Instead, they would use the appropriate Form W-8 (see IRS Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Foreign nationals, non-resident aliens, etc. are eligible for loans, just like US citizens. The identification of the individual(s) still needs to be documented.

Reply by Sharon Taylor on 3/11/07 11:07pm
Msg #179503

Allow plenty of time, and use Plain English

I just had a closing with a Spanish-speaking couple. However, they've been in this country about 5 years, I gathered. He is a citizen but she is not yet. She spoke better English than he did, though. Anyway, after speaking with both by phone, I felt comfortable enough to go to the closing, although I had the signing agency on standby in case I decided during the closing that they didn't understand well enough to sign and should have a Spanish-speaking notary instead. The closing took 2-1/2 hours as I slowly and in Plain English went over the documents with them and answered their questions. I pointed out the factual statements of their loan, with particular emphasis on the HUD figures, the Note, the Deed of Trust, the PrePayment Penalty, and the Right to Cancel, making sure they clearly understood what each was and what the terms were, (without venturing into any unlicensed practice of law, of course). I did not leave until I felt that they did understand the terms of the loan they were signing, as evidenced by our conversation.

Reply by Katrina Arnaud on 3/12/07 10:15am
Msg #179545

The Matricula is acceptable

See the following:

www.cis.org/articles/2003/back303.html

Reply by Stamper_WI on 3/12/07 10:25am
Msg #179548

Not always

I received the following from Fidelity last fall

To: Fidelity Agents
From: Rhonda Bundy, Jerry Grand, Ron Wood and Bill Yarborough
Date: 10/16/2006
Subject: Matricula Consular Cards
Most states in the U.S. require federal or state issued identification for notary purposes as long as it was issued within the last five years and contains a photograph, signature, physical description of the bearer and identifying number. Examples include a driver's license, ID card issued by the Department of Motor Vehicles or a foreign passport stamped by U.S. Immigration and Naturalization.
In the past two years, use of Mexican Matrícula Consular ID cards has increased tremendously and they are now being presented to notaries across the nation. Matrícula Consular is an identification card issued by the government of Mexico through its consulate offices. The card certifies the holder is a Mexican national living outside of Mexico, and states his or her birthplace and U.S. address. The card costs about $29 and is valid for five years.
The U.S. government has decided that, at this time, these cards are not a reliable form of identification due to the inability to verify the true identity of the card holder. Here are the primary concerns:
• The government of Mexico does not have a centralized database to coordinate the issuance of the Matrícula Consular ID cards. This results in multiple cards being issued with the same information.
• The government of Mexico issues the card to anyone who can produce a Mexican birth certificate and one other form of identity, including documents of very low reliability. There is a huge business involving forged Mexican birth certificates believed to be fueled by the demand for Matrícula Consular cards.
If these cards are appearing in your area, please advise your employees that they are not acceptable forms of identification. Please call us if you have any questions or need assistance in handling identity issues.

Reply by Sylvia_FL on 3/12/07 10:28am
Msg #179549

Re: The Matricula is acceptable

Not in Florida.

Reply by ewing2surf on 3/12/07 11:01am
Msg #179554

It is not acceptable to me

San Diego is a border area and I have checked enough ID's to populate a small city. Not once accepting the Matricular card as satisfactory ID. Less than a dozen have been presented to me as ID and never for the purchase of real property. The card is more often used in other states and away from the border areas.

Reply by Charles_Ca on 3/12/07 11:26am
Msg #179560

Re: The Matricula is acceptable Not in CA!

The new Matricula Consular does not meet the minimum requirements for identification.

Reply by cara on 3/12/07 11:39am
Msg #179567

Re: The Matricula is acceptable Not in CA!

Agreed!

Before relying on information, make sure that you check the source of the material you rely upon for authority.
The Center for Immigration Studies sounds like an advocacy group.

The last time I had a non-citizen who showed me a Matricula Consular, I told them that I needed something else to establish ID under CA notary Laws. I went down the approved list and found that the borrower had a valid, recently issued Mexican Driver’s license which is on the list of approved ID documents. We used that.
I will not rely on a Matricula Consular until the CA statute is amended to include it as acceptable ID or the Secretary of State issues specific regulations allowing its use.

Reply by Charles_Ca on 3/12/07 11:59am
Msg #179579

Excellent comment Cara...

Because California has so many different Nationalities the SOS in the handbook (q.v.) has their requirements not by document but by the necessary attirbutes of the document such as a physical description, a photo, must be government issued etc etc.

Reply by Stamper_WI on 3/12/07 12:41pm
Msg #179585

WI?

I forwarded this to the SOS some time ago for their opinion. Haven't heard back.

Reply by Katrina Arnaud on 3/12/07 1:23pm
Msg #179589

Matricula - I stand corrected. Thank you.

I, too, sent the question to the SS and am waiting for an official reply.

Your comments made me verify the SS Notary Handbood regulations, and you are correct: The acceptable ID is a DRIVER LICENSE issued by the Canadian or Mexican governments...

Thank heavens for the small things.. The only time I was asked to accept the Matricula, the loan didn't close.

Your post was very helpful, thank you.