Posted by cdoty_IL on 5/4/09 7:37pm
Msg #287252

ID name difference

I rec'vd the edocs and the title docs had her middle name spelled REA and the lender docs had it spelled REE. I first contacted the T/C and they said that I need to verify with the BO to see which is correct and if the lender docs are right, we could just make "cross out corrections" on the TC docs and all is good. If lender docs were wrong, then the docs might have to be redrawn.

Well I called the BO to verify the correct middle name and it turns out the lender docs are okay, so I thought we were good to go. Well, then she mentions that her drivers license actually has "C." as her middle initial because this was her maiden name. I asked her if she had any other pic. ID with the correct middle name listed or "R." listed as middle initial. She said she had a birth certificate that is in form "like a credit card" , but that it did not have a pic.

The TC said they would accept this, but I am sceptical from a notary point of view. Any suggestions on this?

Reply by Linda_H/FL on 5/4/09 7:41pm
Msg #287253

What is IL notary law regarding acceptable ID?

That's your guide....if it's "reasonable reliance" then it will be your call as to whether you're satisfied she is who she says she is...if your laws are specific as Florida's are, then you have your answer.

Reply by cdoty_IL on 5/4/09 8:00pm
Msg #287258

IL notary law regarding acceptable ID....lacking detail...

to say the least, I have went over the IL Notary Hand book, and unless I am overlooking something...not even to the point of what IDs are acceptable. It goes into more detail on how we should sign our name as notary based on how our commission cert. shows it. Nowhere do I see how "to the point" the name must match....or to follow the "more not less" rule, or otherwise. Can any IL notaries tell me if I am missing something?

Reply by Susan Fischer on 5/5/09 12:55am
Msg #287281

The states that don't define requirements and criteria,

leave much to discretion and personal inspection and assessment. If the borrower can show you her various IDs, and things make sense? Without explicit direction from our Secretary of State's regs and State Laws, what do our common sense and personal observation tell us?

Plus, there's probably a form that asks for 'aliases'? If I could connect the dots, and felt assured of the borrower's IDing passing reasonable muster, I would then make sure the borrower put all of the variations and their ID info for each one on that form to account for, and to back up, my due diligence - absent more specific criteria (read: Laws of my State).

Oregon has an odd law that allows the presentation of two credit cards as proof of ID, but it was made for expedience and before credit cards were issued to children and actual farm animals. It also forbids the use of any passport as primary ID that does not include a physical description, like a US Passport. Go figure.

Each State commissions us to operate in the best interests of the public, and so must give us the criteria under which to function. Just look how our SOSs use the 'consult an attorney' side-step, or the myriad other non-answers across the nation.

It takes a lot of work to change a law. We have a member who did just that in WA. ID is a huge and complicated issue in modern times, and the laws need to catch up, and help out the Notaries Public in many states. (jmho)

Reply by Bob_Chicago on 5/5/09 12:36am
Msg #287280

As I see it Cody, so long asl they have "Identification

documents", you are good to go in IL so long as YOU are
reasonably satisifed that they are the party in title to the
prooperty, (they are the same party that the TC shows as being in
title to the PIQ and are the same person the the lender has agreed to
loan money to.
You covered yourself with the TC, so you do not have Patriot Act problems.
After June 1, 2009, the ID doc needs to be a state of federal issued id bearing the
photo of the signer and theri signature.
As I am sure that you know. IL notary law does not state much
in the way of standard as to what is an acceptable ID.
It is much easier to ID someone in Illinois and we do not have to
deal with a bunch of daning on head of a pin type practice.

Reply by cdoty_IL on 5/5/09 12:05pm
Msg #287300

Bob, I think we are on the same page.....

I was leaning towards accepting the ID...but just wanted some feed back due to the middle initial discrepancy. She had two other forms of ID (but not gov/fed ids) that backed up the other name also, so I felt comfortable going ahead with the notarization. IL Notary Handbook is vague in lot of areas, IMO, and leaves alot up to us notaries "to assume" . When I find myself "assuming" I always like to get another professional's opinion, that is where NotRot comes in. :-)