Posted by Jessie Calderon on 10/22/08 7:59pm
Msg #267976

Question re: Identification Affidavit

I completed a closing this afternoon and I've got to get this package shipped out in about 1 hour. There is this Identification Affidavit where I am required to sign it stating that I viewed the borrowers ID and verified their identity. At the bottom of the doc, is the notary part. I done a search on this site but need a quick answer as I am running out of time to get the docs dropped.

I see from the search that other notaries have had the same situation but I don't see any posts that give me a clear answer as to how it was handled. Any kind of information from you all would be greatly appreciated. :0)

Reply by Jessie Calderon on 10/22/08 8:00pm
Msg #267977

I just don't understand how a notary can sign a document and then notarize their own signature! Any suggestions is appreciated!

Reply by MistarellaFL on 10/22/08 8:02pm
Msg #267978

I have signed these w/o a notarization of my own signature, and no complaints so far.

Reply by Jessie Calderon on 10/22/08 8:03pm
Msg #267979

Have they been through Service Link in PA? I'm in Texas.

Reply by Lee/AR on 10/22/08 8:03pm
Msg #267981

Exactly right! I don't think there is a state in the union that allows us to notarize our own signature. I have always 'just' signed it and not stamped it. So far/so good.

Reply by Jessie Calderon on 10/22/08 8:04pm
Msg #267982

Thank you very much for your FAST replies!

Reply by Claudine Osborne on 10/22/08 8:55pm
Msg #267984

Just sign, do not notarize..Cannot notarize your own signature!

Reply by Hugh Nations Signing Agents of Austin on 10/23/08 12:00am
Msg #267997

This question has come up here at least once before, Jessie. A Texas notary cannot notarize her own signature. However, one poster here said that it was possible in her state for a notary to witness her own signature. Don't recall what state that was, or who the poster was. And I have no idea whether the poster knew what she was talking about.

Reply by Jessie Calderon on 10/23/08 12:26am
Msg #267998

When I read over the Affidavit, I said what the heck?? I knew that you couldn't notarize your own signature but it just took me off guard and I knew if I got onto NotRot, you all would be able to give me your opinions. Thanks Again!

Reply by sue_pa on 10/23/08 6:30am
Msg #268006

that probably was me. In PA we can 'certify' and that's what almost all of these id affidavits are that people don't want to notarize. We don't 'notarize' our own signature but we are the only one signing the document. We are 'certifying' what is on that document is true. VERY seldom are these not notarizable (how's that for a new word !) in PA. We never want to 'certify' that the person is who the id says they are but we can certify that the id appears valid, that the person appears to be the same, etc.

Reply by Ilene C. Seidel on 10/23/08 8:42am
Msg #268007

Has anyone thought of having the bo sign the id aff so you can make the title co happy? I just draw a line and have them sign it.

Reply by Dawn/PA on 10/23/08 8:58am
Msg #268010

Is PA the only state that can "certify"

as Sue outlined?

Reply by PAW on 10/23/08 8:59am
Msg #268011

And exactly what are the borrowers attesting to? The wording of the document, and the intent, is for the signing agent (notary) who is validating the ID. Drawing a line on the document and having the borrower(s) sign it may be violating the intent and thus may be construed as UPL.

Personally, I sign these documents as a signing agent, not a notary, and do not notarize my signature, nor certify the contents of the document (statement) as a Florida notary is not authorized to certify the validity of the ID. However, in those cases, I do include a copy of the Visual Verification of Identification document that I have, and have used for almost 10 years, where the information from the ID is recorded, but the signer signs their name attesting to the validity of the information recorded on the document. I've never had any questions or returns doing it that way.

Reply by parkerc/ME on 10/23/08 5:24pm
Msg #268050

I've seen mucho packages including a "Customer Identification Verification" form. I fill out the info for the 2 forms of ID they ask for, there may or may not be a place for the borrower to initial below it, and a certification that follows it: "I the undersigned hereby certify that: (i) I have personally examined the identifying documents indicated above presented to me by the named individual, (ii) I have accurately recorded the information appearing in the identifying documents I examined, and (iii) except as may be indicated above [in Additional Comments], each of the indicated identifying documents appears to be genuine, the information contained in the identifying documents is consistent in all respects with the information provided by the named individual, and, where applicable, the photograph appears to be that of the named individual." The caveat being the key words "appears to be" and "is consistent". If I've done my job in verifying IDs and everything "appears to be" kosher, I have no qualms about signing the cert and putting my title as a Notary Public (because that's what I am even before my title of Signing Agent), but title of Signing Agent would also be fine. Even if I list my title as a Notary Public, I am not in any way notarizing the doc . . . no notary statement, no notary seal, no commission expiration date.

Reply by Jessie Calderon on 10/28/08 11:52pm
Msg #268518

I know what affidavit you are talking about Parker but this one was different. I have already shipped the documents to title, so I don't remember the actual wording but it did have a sig line for the notary to sign indicating that I verified their identity from their ID and then the notary jargon below it. I left the notary wording section with a line through the wording and put a note that notaries can not notarize their own signature. Title has not called me about any disagreements. Apparently the loan funded with no issues.

Thanks everyone for your assistance and comments. I needed a fast answer since it was after hours and you all were there for me with good advice. Thanks again!