Posted by NOTARYPRO_TX on 8/13/08 10:09am
Msg #259911

CLOSING OF DIVORCED PERSON WITH MARRIED NAME

So I had a refinance earlier in the week, the docs had the ladies maiden name on them, her ID still has her married name. I contacted the title co to see of we should still do the closing and they say yes. This lady has been divorced since 1999 and claims she can not get her id changed back to her maiden name.... anyone see something wrong with this picture

Reply by Linda_H/FL on 8/13/08 10:13am
Msg #259913

Not sure how it is in TX, but I know in some states

it takes a court order to legally change your name - either an order entered as part of the divorce decree or a separate petition through Probate Court...

Did she say WHY she couldn't get her ID changed? Just curious...

Reply by Lee/AR on 8/13/08 10:14am
Msg #259914

Yep. Signing ain't happening...at least, not in Arkansas.

Reply by BrendaTx on 8/13/08 10:21am
Msg #259915

**I contacted the title co to see of we should still do the closing and they say yes.**

Of course they did...for many reasons. However, the question for the notary isn't if they still wanted to do the closing but if YOU could properly id the signer.

Reply by Jessie Calderon on 8/13/08 11:44am
Msg #259923

I think I would have asked for a copy of the divorce decree. Doesn't it have maiden names on there?

Reply by John_NorCal on 8/13/08 11:50am
Msg #259924

**I think I would have asked for a copy of the divorce decree. Doesn't it have maiden names on there? ***

Doesn't matter, I think Texas like most other states still requires a picture ID with the signors name.

Reply by BrendaTx on 8/13/08 12:10pm
Msg #259926

You are correct, John! n/m

Reply by EastTxNotary on 8/13/08 11:52am
Msg #259925

Most of the women's drivers licenses I've encountered in Texas have both the maiden name and the married names...the state usually "drops" any middle initials. Of course, some ladies marry more than once and that sure can muddy up the water.

Reply by Hugh Nations Signing Agents of Austin on 8/13/08 12:32pm
Msg #259931

The title company has no statutory responsibility to identify the signer. That is the responsibility of the notary public. If you fail in that regard, you have failed in the one thing that underlies all of the notary's duties.

In Texas, if an identification instrument is to be used, the law requires a government-issued photo ID >>signed by the party.<<