Posted by CF on 11/5/07 10:42am
Msg #219765

No photo ID

OK- out of 3500 signings this is the first. BO lost ID and does not have another valid form. Large- well known- well paying TC said to accept the temporary with no photo and no signature and use birth certificate to verify birth dates. I just emailed over a copy of the MI law primer and said: NO CAN DO. Very upfront and said that I hoped this did not affect our working relationship and if anything that they should be happy that I am ethical out there while acting on behalf of their company. WOW- we will see. BO said that it may show up today in the mail---or that she can meet anytime this week. I wonder how this will play out! Maybe the honest and ethical police are looking out for all of us today! and I will still get the signing!

Reply by CopperheadVA on 11/5/07 10:49am
Msg #219767

Good for you - you did the right thing!

I think most TC's know that we must follow notary law, and even though they sometimes ask us to break the rules, hopefully they understand when we "just say no"!

Reply by Leon_CO on 11/5/07 11:08am
Msg #219769

I had a situation like this last week. It was a closing for LandAm. The borrower's wife didn't have a valid driver's license (it was expired), or any other form of ID that was acceptable. I explained that we can't continue. I called LandAm and informed them.

LandAm stood behind me. We halted the signing and waited until the wife got her driver's license renewed. The signing took place a few days later.

Reply by CF on 11/5/07 11:12am
Msg #219771

Re: No photo ID/Update

TC is standing behind me....and saying that this does not seem right! Said that they would call lender and let them know. So I think that at the end of the day: if I loose a signing and they never call me again....at least I will still be working for others- and not have lost my commission over 1 error in judgement to make some $$$$.

Reply by Phillip/TX on 11/5/07 11:45am
Msg #219774

Re: No photo ID/Update

You did the right thing CF.

We have to follow the laws that govern our commission. Just because the lender bends or breaks the rules, does not mean it trickles down stream!!!

Reply by Therese on 11/5/07 11:53am
Msg #219775

Re: No photo ID/Update

Just a thought. Does your state allow for credible witnesses? If so, maybe you can
offer this to save the signing for today.

Reply by Leon_CO on 11/5/07 12:39pm
Msg #219779

credible witnesses

>> Does your state allow for credible witnesses? If so, maybe you can
offer this to save the signing for today. <<

Therese, that is a good suggestion. I commend you for your clear thinking.

In Colorado, a credible witness must also be known BY THE NOTARY as well as the document signer.

So if CF does go that route, they will have to check their state's notary laws to see what the specific qualifications are for the credible witness.

Again, good thinking.

Reply by MichiganAl on 11/5/07 2:20pm
Msg #219785

yes, but too many people misunderstand credible witness

Too many people think you can just grab a neighbor over to say, "yeah, I know him. That's John Doe." No can do. The witness must be personally known by the notary. That's a pretty rare circumstance.

Reply by Phillip/TX on 11/5/07 2:23pm
Msg #219788

Very True Al, that is how it is here in Texas anyway. n/m

Reply by Leon_CO on 11/5/07 2:50pm
Msg #219796

Re: yes, but too many people misunderstand credible witness

>> The witness must be personally known by the notary. That's a pretty rare circumstance. <<

I believe that point was already made:

>> In Colorado, a credible witness must also be known BY THE NOTARY as well as the document signer. <<

Reply by Therese on 11/5/07 2:57pm
Msg #219800

Re: yes, but too many people misunderstand credible witness

Thank you Leon. We are lucky here in CA we can use two credible witnesses which neither needs to be known by the Notary.
Good Luck CF hope all goes well with it.

Reply by CF on 11/5/07 2:38pm
Msg #219792

Re: No photo ID/Update

Yes as Al stated in Michigan the notary has to know the CW. So that is not going to happen too many times, if you ask me. Something with the whole situation does not seem right. TC told me they would take care of it....and the BO just left me a message regarding the appointment for tomorrow....I am not doing anything more with it. I gave it back....and they all need to figure it out for themselves- not my issue anymore!

Reply by MichiganAl on 11/6/07 2:09am
Msg #219855

Unfortunately, when they say they'll take care of it...

It usually means they've found someone who'll do it without the proper i.d. or they're going to handle the signing themselves. Shame on them.