Posted by MSFlorida on 11/11/09 6:58am
Msg #310620

Borrower's name change

I had a situation last night were the Borrower had legally changed her name.
When I received the docs some of the docs had me notarizing her old name and some had me notarizing her new name. Her driver license had new name her Passport had old name.
How would you have handled this? Maybe I was over thinking this but because I was using two different identifications through out the package. When it called for me to notarize with her new name I identified her by driver's license but I also put fka old name per US passport and when I notarized old name I identified her by us passport and also put nka her new name per fl. license. First time I have ran across this in 4 1/2 years was I wrong for doing this?

Reply by Linda_H/FL on 11/11/09 7:08am
Msg #310623

"....Borrower had legally changed her name"

Then that's who she is and her current ID (D.L.) is what you use - nice, though, that you had the secondary ID to prove she was formerly known as - easier to connect the dots - but IMO her current name and current ID are the ones you rely upon for your notarizations.

Don't know much about passports as I've never had one but I think she needs to get her passport updated with her new name before she really needs it and it's not accepted.

MHO

Reply by Shoshana/AZ on 11/11/09 7:25am
Msg #310626

I always defer to the hiring entity to see how they want it done.
In my opinion, a passport doesn't really need to be updated until you renew it. If the person needs to travel overseas, they can always buy the tickets in their maiden name to match the passport.

Reply by Linda_H/FL on 11/11/09 7:30am
Msg #310629

"I always defer to the hiring entity to see how they want it done"

The OP is asking about notary procedure - not the hiring entity's call...

Curious how they'd get by using their former name for ANYTHING once their name is legally changed...and to travel? With the security measures in place now would they even be able to board a plane or ship with a passport in one name and DL in another?

Reply by Shoshana/AZ on 11/11/09 7:42am
Msg #310630

Linda,
If the name appeared differently, perhaps the hiring entity wanted the bo to change the name so it is uniform through out.
As for traveling in my most recent experience in 2005, only one ID has to be shown. For a cruise, one needs to send the cruise line a copy in advance as well as showing it when boarding. For a flight, only one ID is needed when boarding and it has to matche name on the boarding pass.

Reply by Linda_H/FL on 11/11/09 8:30am
Msg #310638

Re: Borrower's name change...page 61 of the FL manual

addresses this right on point....you would notarize the new name (which is contained in the Driver's License)...

MHO, that's my story and I'm stickin' to it.

Reply by Shoshana/AZ on 11/11/09 8:47am
Msg #310643

Re: Borrower's name change...page 61 of the FL manual

That's fine. I never professed to be an expert on FL notary law. Unless it also states how to complete the certificates, then I would still call the hiring entity to find out if they wanted to line through and initial or redraw.

Reply by MW/VA on 11/11/09 8:49am
Msg #310644

I'm a little confused here. Were the docs drawn in 2 different names, or was the wording in the notarial certificate different?

Reply by MSFlorida on 11/11/09 9:02am
Msg #310647

Some docs had old name and some had new name printed only. They did not have her signing with aka but there was a Aka Signature name aff. with old and new name listed. Title and Lender aware of the name change. I thought she is presenting me with two different ID with different names how could I only acknowledge her with the one name. She presented to me New ID first then for Old name she presented me with US passport. Ok maybe way over thinking cya.

Reply by MW/VA on 11/11/09 9:10am
Msg #310650

It sounds like one of the situations where they needed to use a Grant Deed to correct the name, and then draw all the docs with the current name. I think I would have had a problem notarizing two different names in one set of docs.

Reply by Linda_H/FL on 11/11/09 9:14am
Msg #310653

"how could I only acknowledge her with the one name."

Here's how I see it - because she is only known by one name - you said she legally changed her name so the person standing in front of you is the person you ID and whose signature you notarize...with the name on the current ID (DL) - she can represent to you that she used to be Jane M. Doe, but now she's not, she's Jane M. Smith, with DL in the name of Jane M. Smith...IMO Jane M. Doe is not standing in front of you.

Reply by Notarysigner on 11/11/09 9:38am
Msg #310654

..In this area, there are a lot of foreign born people. They usually have two names, birth name and christian name for example. I only use the "acceptable" ID as stated in the notary handbook. I would treat it the same way (nothing in the handbook about old name, maiden name, two names, etc.). It does say however, current ID.

Reply by MSFlorida on 11/11/09 10:02am
Msg #310659

Passport was current but I get what your saying. The docs that had new name should of just notarized as is with driver's license and the docs that had me notarizing the old name should of just put by her current name aka as old name who provided DL. It just didn't seem right on one doc to state she is this name by DL and then on the next doc to say no she is this person by her passport. If that makes any sense.

Reply by JanetK_CA on 11/11/09 2:41pm
Msg #310703

I can't comment on Florida notary law, of course, but the only time I've seen anything like this was, like Marilyn was saying, when there was a Grant Deed changing the name to the current name, which would be on the rest of the documents. Was this the case? Or was it title vs lender docs or broker docs? I'm having a hard time visualizing lender docs that would all of a sudden have the name differently.

If that was the case, I (in California) wouldn't have a problem notarizing a Grant Deed in the old name if she presented a separate valid ID (per my state's laws) proving that she is the same person who had that name at the last time the vesting was changed. I would, of course, have a separate entry in my journal and have her sign her name as it was notarized in the document. Maybe there's something in Florida law that makes a difference, but I don't think I'd look at it the same way as Linda. If the person appearing before me can prove satisfactorily that the name on the doc used to be hers, and she was the same person as the one named in the doc, I'd be OK with that. (And in CA, of course, we wouldn't put any FKA or NKA in the notary block - just the one name being notarized.)

I only wish I'd run into this problem. Seems like I usually get the ones where they changed their name and no longer have a valid ID in the old name. That's a whole other kettle of fish!

Reply by Linda_H/FL on 11/11/09 3:06pm
Msg #310707

Re: Borrower's name change..

Janet, you said "Maybe there's something in Forida law that makes a difference..."

There is - it's provided for in our manual:

"In some instances, individuals may need to sign a document with their former name after making the necessary updates to their identification card. A classic situation arises when a woman changes her name after marriage and has to sign a document, such as a warranty deed, in her former name. You may notarize her signature if she signs both names, but you may want to indicate that fact in your notarial certificate.

For an acknowledgment, you could state, “The foregoing instrument was acknowledged before me this _____ day of ________, 20__, by Mary Smith, who represented to me that she was formerly known as Mary Jones, and who provided a Florida driver license, No. 123 45 678 890 in the name of Mary Smith as identification.” You may also want to include information such as the date of birth, expiration date, or physical description."

Reply by PAW on 11/11/09 5:30pm
Msg #310724

I've seen it quite a few times over the past decade where the title is in one name (maiden or former married name) where title docs show that name as it appears on the title, and the majority of the loan docs are in the lady's new married name, as taken from the 1003.

Just for clarity, Florida doesn't normally use Grant Deeds, especially for a name change or removing a name from title. We use Warranty Deeds (Special Warranty Deeds in some cases) when ownership is transferred to a different party, and a Quit Claim Deed to change a name or drop a name from title.