Posted by Luckydog on 12/15/09 12:22pm
Msg #314429

Taking a poll on signatures

This has always been sort of a concern. The buyer signs exactly how his or her name is printed; however, what if the buyers legal signature is completely diffrent looking or shortened up on the ID, but the names exactly match?
In the beginning I would make them sign as their name states, weather it is their signatuure or not, but the past year, I am letting them use their legal signature provided it is the same as stated in docs and how it is on the ID.
I have never had a problem either way, and found less arguments when you let the buyer sign his legal signature, even if you can't read it.
What does everyone else do?
Some Spanish people in particular also have 3-4 last names but only sign with one. I make them sign them all out, even though it's not on their ID most of the time. In FL, this is a common thing, and makes getting a valid ID with all their legal names on it difficult.
Anyone else have this problem?

Reply by desktopfull on 12/15/09 12:39pm
Msg #314433

They should sign the way their names are printed on the docs. If the signature isn't legible it doesn't matter what's type written under the line. But if it's readable they need to sign the name they took title with. Or file a Quit Claim Deed and change the title to the name they want on title or are currently using.

Reply by jba/fl on 12/15/09 12:53pm
Msg #314437

If their signuature matches what is on their ID (DL), I am happy. Even if ID says Mary M. Jones if she signs Mary Jones on ID, there is the match I am looking for. Who am I to argue with them and FL? then they must remain consistent. I don't have problems as I also attach note to pkg. as well. Signature ID form also covers this signing too.

Reply by CopperheadVA on 12/15/09 1:47pm
Msg #314445

I've had a few signers of middle eastern descent who use an intricate symbol as their signature. They are absolutely beautiful and very unique. So far they have all gone through.

Reply by Robert/FL on 12/15/09 1:59pm
Msg #314448

It would certainly help if the Florida DMV would adopt some sort of uniform state-wide standards for establishing legal names on the driver licenses. Many women tell me that the DMV *FORCED* them to put their maiden name as their middle name on the driver license, even if they don't use it. I've also been told by friends that they were *FORCED* to sign their name a certain way on their driver license, even if it isn't how they usually sign their name.

IMO, the DMV should list full legal names exactly as the registrant wants, provided that they generally match birth and marriage documents, with no initials or other discrepancies permitted. And however it is listed on the license should constitute the person's "full legal name". Likewise, however that person chooses to sign their driver license should constitute the "legal signature".

Reply by desktopfull on 12/15/09 5:27pm
Msg #314510

I made the FL DMV put my middle initial back on my license and remove my maiden name. I told them to show me the FL statute that said I had to use my maiden name for my middle name. There isn't one! So they put my original middle initial back on my license.

Reply by HB/CA on 12/15/09 1:59pm
Msg #314449

I always use the signature from their ID. I consider that their legal signature and ask that they sign the docs the same way unless their name is listed a little differently on the docs. Essentially any scrawl they sign with that is consistent with their ID I consider their legal signature. On the Signature/Name Affidavit they can include any variations. I've never had a problem with signatures.

Reply by PAW on 12/15/09 2:45pm
Msg #314459

The [FL] law is very broad when it comes to the definition of a signature. Almost any mark or method is allowed as long as the signer declares that to be his/her authorized signature. For example, a legal signature may be made by a mark, a rubber stamp, or another person who is directed by the signer to sign his/her name.

When notarizing in these circumstances, you should take every precaution to protect the integrity of the document, the signer, and yourself. The signer must physically appear before you to take the oath or make the acknowledgment, produce adequate identification, and "sign" the document in your presence. As the Notary, you must ensure the signer's willingness and mental capacity to execute the document, perform the notarial act, and complete the notarial certificate. We also recommend that two unbiased witnesses be present for the signing of the document and that you alter the notarial certificate language to reflect the special circumstances of the signing. [In the case of signing by a mark.] Additionally, if you keep a journal or recordbook of notarial acts, you should make notes about this unusual notarization.

Florida law now provides specific instructions for notarizing for a person who signs by mark or for a person with a disability who directs the Notary or another person to sign for him/her. The Governor's Notary Section has printed instructions for notarizing in these situations. We can fax or mail these instructions to you if you will e-mail your request and include your name and fax number or address.

(Reprinted from the May 1999 "Notary E-Mail E-ducation" newsletter, published by the Executive Office of the Governor - Notary Section)

Reply by Lee/AR on 12/15/09 3:07pm
Msg #314466

Everybody should have ONE.

It sure would make our lives easier...

Reply by MW/VA on 12/15/09 7:12pm
Msg #314525

It isn't really for us to decide--they are to always sign their names as it is on the docs, because that is how their name appears on title. No wonder we always have to get those instructions--for those who just can't or won't follow them.

Reply by Susan Fischer on 12/15/09 8:33pm
Msg #314538

One's legal signature is determined by each of us - it is

unique. Ours, day in and day out.

Borrowers laugh when I plaintifly ask "can you stick a 'Q' somewhere in your signature, I know it messes with the flow, but they like it." If it's a scribble, I ask; "There's a 'Q' in there, right?" Always an affirmative.

The problem would be solved if the lending/title industry would begin the transaction by asking the ~borrower~ a simple question: "How do you sign your legal signature? John Q Public? John Public? JQ Public? Johnny Public? Qutie Public? We need your preferred vesting. [JohnnyQ Public.] Is that your Drivers License ID name? [Yes/No.] Ok, we've got a form for that."

Simple.