Posted by snoopdogMs on 4/5/08 8:20pm
Msg #242353

ID and Name Affidavit

Why is it that title companies and lenders think that the name affidavit is sufficient to make up for a name discrepancy when the docs read John Dan Doe and his license reads John D. Doe and John has no further evidence to prove what the D. stands for? Obviously to close the loan, but total disregard to our role as a notary.

Reply by Susan Fischer on 4/5/08 10:16pm
Msg #242362

It's a sworn statement taken by a commissioned

notary public and carries evidentiary weight in court that the affiant was truthful about being the real John Dan Doe in this transaction.

Our role is to take an oath and document that event. We use our state laws, due diligence, and our common sense to make reasonable and prudent decisions in our capacity as a link in the chain of governance and commerce in our society.

Unless a notary has a darned good reason to reason to beleive an affiant just lied under her oath, then it's reasonable and prudent to take the oath and document the event. Signature Affidavits don't seek to "make up for discrepancies," they provide a legal way to corral variations of names used in people's lives into one document.

Many borrowers are upset that their docs were drawn with names they don't usually use. Certainly the doc preparers don't seem to ~ask~ or ~verify~ how the borrowers are signed. And, too, some states require full name identification. Most people are not 'known as' first, middle, last, and have variations. So, until the docs all arrive with the borrowers' preferred name variation, then I don't see an alternative to a signature affidavit to change anytime soon.

Reply by LKT/CA on 4/5/08 11:01pm
Msg #242366

5 Star Post!

I'm baking cookies from scratch.....what's your favorite? I'll send them right away ;-)

Reply by Susan Fischer on 4/5/08 11:13pm
Msg #242367

You're quite welcome. Toll House, Oatmeal with chocolate,

Peanut Butter with chocolate, whatever you have the most of...

((You wouldn't fool an old lady, would you?)

<hopeful grin>

Reply by Cari on 4/6/08 7:29am
Msg #242379

COOOKKKKIIIEEEESSSS!!!!!!!

as quoted by the most famous thespian, Cookie Monster!

Reply by Sylvia_FL on 4/6/08 8:19am
Msg #242386

Re: Someone say "Cookies??""

triple chocolate chip here

You can send them to me at [e-mail address]

Reply by RickinVA on 4/6/08 10:34am
Msg #242407

Re: Someone say "Cookies??""

Didn't know I was gonna have to pass a test!

Reply by LKT/CA on 4/6/08 4:01pm
Msg #242440

Re: Someone say "Cookies??""

Speaking of triple chocolate....when I was about 10 yrs old, my best friend and I decided to make a triple chocolate cake (choc. cake, icing and chips) from scratch - unsupervised! We were 'big girls' and wanted to do this by ourselves. The directions said 1 teaspoon of baking powder. We put in 1 cup! Heeheeheeheeheeeeee!

You can only imagine the mess it made in the oven....my friend and I ran off and were nowhere to be found. Her older sister who was in high school had to clean it up as it was her day to do the dishes and clean the kitchen. Let's just say she didn't like either of us for a good while !! LOL!!!

Reply by Linda_H/FL on 4/6/08 8:42am
Msg #242387

Susan, I think you missed the point of her post

That being that lenders/TC's don't realize that the Name Affidavit is NOT acceptable for ID purposes for a notary...

Yes, it may stand up in court for the lender's purposes, but it's does the notary no good for ID purposes.

Reply by Dave_CA on 4/6/08 9:36am
Msg #242390

Re: Susan, I think you missed the point of her post

Yes, but you can notarize the signature that you do have acceptable ID for and then the affidavit ties that name to the other(s).
So as long as we have acceptable ID for the name and signature that is on our certificate I don't see a problem for the Notary. What the lender chooses to accept is up to them.

Reply by sue_pa on 4/6/08 9:46am
Msg #242392

perhaps different recording requirements

In PA, the face page, the signature and the notary block must all be the same - in theory. If the face page says J. Quincy Smith that is how he is to sign and how the notary block must read. If he signs John Q. Smith (if that's how the notary id'd him on his driver's license) and that's what the notary block says, the doc should be rejected - again in theory as I've seen several recorded docs that don't 'conform' to the written directives from the recorders offices.

Reply by Linda_H/FL on 4/6/08 9:58am
Msg #242399

True Dave...but in the same situation I HAVE had

lenders and/or title companies tell me to use the Name or AKA Affidavit for my ID (honest, they did)...I think that's what Marilyn was getting at. JMHO

Reply by Dave_CA on 4/6/08 10:03am
Msg #242401

Re: True Dave...but in the same situation I HAVE had

Well that certainly won't fly here either.

Reply by Susan Fischer on 4/6/08 10:11am
Msg #242402

Ditto, Dave. Guess I did miss the point. n/m

Reply by Susan Fischer on 4/6/08 9:48am
Msg #242394

The affidavit is neither for the benefit of the notary, nor

furnished for use by the notary as acceptable ID for identification of the signer.

We use our state laws to identify signers, not the affidavit. If I am reasonably and prudently certain under my state laws and regulations that the person before me is the same person named on the document(s), then I am doing my job.

We establish identity long before the affidavit is presented in a stack of docs.

Reply by BrendaTx on 4/6/08 8:44pm
Msg #242457

Re: The affidavit is neither for the benefit of the notary,

**If I am reasonably and prudently certain under my state laws and regulations that the person before me is the same person named on the document(s), then I am doing my job.**

Amen, Susan.

I believe if I cannot agree that the person before me is the correct person in the documents then I need to report it as a crime...attempt to defraud or some such.

It's not our job to tell the lender what the documents should say. I'm pretty hard core abouut leaving the legal stuff to the lawyers and lenders and me doing my job as a notary.

Will I notarize just anything? Nope. They've GOT to have satisfactory ID. It has to satisfy me that the person before me is the correct person.