Posted by Smug/Fl on 2/6/09 8:38am
Msg #276724

ID Verification

Loan Dox say borrower is unmarried, get to signing he's married. Wife never changed her name on D/L or anything. Cant verify her married name, SS wants me to look at marriage license and use that as a cross reference. any thoughts on this.

Reply by Becca_FL on 2/6/09 9:21am
Msg #276731

See page 61 of the manual for your answer. n/m

Reply by A S Johnson on 2/6/09 9:30am
Msg #276734

A number of post on this recently. Check with Paul Williams for Fl.
Here in Texas the Marriage License can NOT be used.

Reply by Marian_in_CA on 2/6/09 12:23pm
Msg #276755

My thoughts? NEVER listen to what....

the signing service tells you regarding your state notary laws, even if the signing service is in your own state. A lot of those working for SSs aren't even notaries themselves, so they have no idea.

Like Becca said... check your state's manual for ID requirements and go with that.

In the future, consider asking about IDs and such before hand. The docs say he's unmarried, but if the wife was involved, you would have had her name somewhere, too.

BTW... if she never bothered to change her name "on anything" then her maiden name is still her legal name, unless the docs have her last name as his in the docs... but you said they don't. And, if you did see two names with the same last name, but the borrower as unmarried... I would have clarified that on the phone, too.

Reply by FeliseSoCal on 2/6/09 2:05pm
Msg #276768

Re: My thoughts? NEVER listen to what....

Funny, I just had this happen yesterday. I noticed the name was different on escrow and lender docs. Called the borrower and found out she had no I D to match her name on the loan docs but said she had the marriage license. I declined and ss understood. Said I can't notarize if she doesn't have ID to match the name on the docs...better to call first than waste your time. 2 different names on docs is always a red flag.

Reply by CaliNotary on 2/6/09 2:23pm
Msg #276773

Re: My thoughts? NEVER listen to what....

"Called the borrower and found out she had no I D to match her name on the loan docs"

Why do people do this anyway? It's not like the concept of what your legal name is is that difficult to understand. If you haven't gotten ID with your new name yet, don't start using the new name in legal matters. Seems like a no brainer to me.

Reply by JanetK_CA on 2/8/09 5:38pm
Msg #276895

Re: My thoughts? NEVER listen to what....

Totally agree. I just wish LOs would check these things up front. It's not that difficult to do and could save lots of grief down the road. Most of these problems could likely be fixed in the time it takes for a loan application to go through the system.

Reply by PAW on 2/6/09 12:37pm
Msg #276757

Check with the title company to determine how to proceed with the signing. The TC should know how title is held and whether or not the property is homestead.

If the wife is suppose to sign docs after confirming with the TC, then follow the instructions on page 61 in the manual, if necessary.

You cannot use a marriage license as form of primary identification, but you certainly can use it to tie the married name to the maiden name. Also ask for her Social Security card. Again, can't be used as primary identification, but when completing the notary certificates with representation (as explained on page 61) you can feel comfortable with both her married and maiden names using supporting documentation. Be sure to document the names and what you used as supporting documentation for your journal. It won't hurt (and is recommended) that you also include the supporting documentation annotation in the notary certificate.