Posted by bowie_MD on 1/26/08 8:12pm
Msg #232574

advice please

first time with this one
borrower's name is John G. Smith, All docs are John O. Smith. The AKA affidavit says John G and John O are the same person
In the Acknowledgement the TC has name as John O. appeared before me...

But John G is who appeared. Do I change the O to a G and initial it or do I accept that the AKA clarifies who appeared?

Thanks for your input
Mike

Reply by Sylvia_FL on 1/26/08 8:20pm
Msg #232575

Your notary certificate can only have the name of the person who appeared before you - what name his ID is in. The AKA affidavit is no good for your notary certificate.

Reply by ME/NJ on 1/26/08 8:22pm
Msg #232576

Question - Did he provide proof he was John O? Follow the trail. Without proof all you can do is say John G signed the documents.

Reply by Elaine Sedlock on 1/26/08 8:28pm
Msg #232578

Thanks Sylvia -- had the same question before n/m

Reply by Michael/NC on 1/26/08 8:28pm
Msg #232579

There was a very good explanation of this situation awhile back on this forum. I copied it so I could remember it. Here is what someone on this forum said on this issue.


An A/K/A statement is not means of identifying anyone. Given the situation, there was no way for you to identify her as "Shannon Wrongname".

An A/K/A or a Name Affidavit serves NO purpose to you as the notary - it merely serves the lender and the title co, and it's purpose is to 'tie' together the various versions of an individual's REAL name. For example: John Q. Doe = John Doe = J.Q. Doe = John Quizel Doe.

Think about it, and don't let yourself be pressured. If a person walked up to you and asked you to notarize their signature, and all they could give you for identification was their OWN written statement saying "I am Shannon Doe AND I am Shannon Notdoe" - what would you do?

Reply by Elaine Sedlock on 1/26/08 8:31pm
Msg #232580

Perfectly logical Michael! Thanks n/m

Reply by WDMD on 1/27/08 5:14am
Msg #232620

Mike, in Maryland for identification purposes according to the handbook you only have to be satisfied the person before you is the person named on the documents. If the borrower had other forms of identification to convince you he was that person named on the documents even though the middle initial is different on his drivers license you are within the guidelines.

If the signer can convince you that the signer is indeed the one who is named on the documents you would not need to change the acknowledgment. You should make a notation in your journal what other forms of ID were used to show the name on the acknowledgment.

Remember, we are not in CA or one of the other states where the ID must match the documents perfectly or you go get a stranger (credible witness) to ID the signer.

Reply by Susan Fischer on 1/27/08 1:03pm
Msg #232651

In OR, as in most states that allow credible witnesses,

the CW must be personally known to both the notary and the signer. The "Personally known" definition is stringent, and far beyond a mere acquaintance. Strangers wont' do.

Reply by WDMD on 1/27/08 3:45pm
Msg #232673

Re: In OR, as in most states that allow credible witnesses,

"the CW must be personally known to both the notary and the signer. The "Personally known" definition is stringent, and far beyond a mere acquaintance. Strangers wont' do."

I wouldn't know about the credible witness thing as it is not allowed here. All I know is I read on here all the time about how in CA when they can't get an ID to match they run and get a neighbor or someone to ID the signer. I doubt very often in those situations the witness is known to the notary.

Reply by dickb/wi on 1/27/08 3:50pm
Msg #232674

Re: advice pleasealways remember a couple of things......

the notarial certificate is not a part of the document [even if it is on the document]....it is a document unto itself, and within the realm of the Notary only.......IT CAN ONLY BE FILLED OUT BY THE NOTARY........it is not to be filled out by the document maker as they may want it......i get pre filled certificates all of the time with "husband and wife"..."as marital property with right of survivorship" and others.....i cross off and initial what i don't want and sign and seal....yes i do get in to some arguments with title co's but when i explain the process they usually back off and of course the doc records with no problem.....the bigger problem is most people working at lenders or title co's don't really understand what a notarization really is....i think it is high time they learned.......we are the officer of the state--not they.......jm .02 worth

Reply by dickb/wi on 1/27/08 3:53pm
Msg #232675

strike re: advise please and start with Always.....sorry. n/m

Reply by WDMD on 1/27/08 4:05pm
Msg #232680

Re: advice pleasealways remember a couple of things......

"the notarial certificate is not a part of the document [even if it is on the document]....it is a document unto itself, and within the realm of the Notary only.......IT CAN ONLY BE FILLED OUT BY THE NOTARY........it is not to be filled out by the document maker as they may want it......i get pre filled certificates all of the time with "husband and wife"..."as marital property with right of survivorship" and others.....i cross off and initial what i don't want and sign and seal....yes i do get in to some arguments with title co's but when i explain the process they usually back off and of course the doc records with no problem.."

The original poster is from Maryland. I am from Maryland. Please cite where in the code you got your information as to "a notarial certificate can only be filled out by the notary" in the Maryland code.

Reply by WDMD on 1/28/08 5:09am
Msg #232744

Re: advice pleasealways remember a couple of things......

dickb/wi said: "the notarial certificate is not a part of the document [even if it is on the document]....it is a document unto itself, and within the realm of the Notary only.......IT CAN ONLY BE FILLED OUT BY THE NOTARY........it is not to be filled out by the document maker as they may want it......i get pre filled certificates all of the time with "husband and wife"..."as marital property with right of survivorship" and others.....i cross off and initial what i don't want and sign and seal....yes i do get in to some arguments with title co's but when i explain the process they usually back off and of course the doc records with no problem.."

**To Maryalnd notaries: I have searched the Maryland handbook and the Annotated Code of Maryland and can find nothing that states ONLY a notary can fill out any part of a notarial certificate. If you have the venue, date, or a signers name pre-filled their is nothing in the codes which state that cannot be done or can only be filled out by a notary.

I would urge any Maryland notary to look up any notarial questions they have a question on in the state handbook and not rely on information posted on this site by anyone from out of state.

Reply by dickb/wi on 1/28/08 12:28pm
Msg #232822

not all notarial law is covered by state statutes...there...

is also "Universal Notary Law" that is the same for all Notary Publics....check with ASN or Notary Law Institute.........

Reply by WDMD on 1/28/08 1:34pm
Msg #232829

Re: not all notarial law is covered by state statutes...there...

"not all notarial law is covered by state statutes...there...
Posted by dickb/wi on 1/28/08 12:28pm

is also "Universal Notary Law" that is the same for all Notary Publics....check with ASN or Notary Law Institute........."

Sorry, I am commissioned by my state. If my state adopts "Universal Notary Law" and incorporates it into the state code governing notaries in Maryland then I need to abide by it. I would not follow guidelines issued by any notary organization over my states guidelines.

Reply by dickb/wi on 1/28/08 2:46pm
Msg #232843

i don't intend to get in to a p-----g match over this but...

i do believe that all 50 of these united states have accepted universal notary law.....i am ready to stand corrected if i am mistaken about this......that is what has one state accept another states notarizations among other things......i also believe that it is being re writen as we speak.....i am only trying to help notaries help them selves....sorry if i have miffed you...that was not my attention....dick

Reply by dickb/wi on 1/28/08 3:39pm
Msg #232859

sorry...attention should be intention.... n/m

Reply by bowie_MD on 1/28/08 3:52pm
Msg #232863

Re: sorry...attention should be intention....

thank you all very much for your input
Mike