Posted by Ronnie_WA on 4/9/10 4:55pm
Msg #331030

What would you have done in this instance?

First name on DL does not match docs. Borrower states his DL has the wrong name on it and he's never gone by it - that DOL mispelled it. Asked for a birth certificate. He had a copy of the official certificate and letters in the first name were blurred out. He had bright new certificate of live birth where it said "a boy was born" on this date (same as the DL). Someone added the name above "a boy" - squeezed in in different ink and handwriting. He has no passport and no SSN card. Title company was closed. What would you have done?

Reply by GOLDGIRL/CA on 4/9/10 5:03pm
Msg #331031

Walked.
As CA notaries, we don't have to agonize over this - very little is left up to our judgment or interpretation.... DL, Passport, government work ID, military ID are about it, provided they contain all the required elements. We can't use birth certificates, SS cards, marriage certificates, etc for ID. We do have the option of using 2 credible identifying witnesses who take an oath saying they know this idiot. But that's another story. Basically, in this situation, I don't sit there and worry about getting this loan signed or whatever it is... If this guy can't get his act together with some sort of proper ID, it's not my problem ....fortunately, every TC and SS I work with have always backed me up ....

Reply by Ronnie_WA on 4/9/10 5:05pm
Msg #331032

That's what I did and, unfortunately, their client, a major national bank that we all know, is furious with the title company that the docs didn't get signed last night. Appreciate your comments!!

Reply by cntrlcalntry on 4/9/10 5:11pm
Msg #331033

T.F.B. for them! n/m

Reply by jba/fl on 4/9/10 5:12pm
Msg #331034

Re: T.F.B. for them! Oh, yeah - too bad! n/m

Reply by Joan_OH on 4/9/10 5:22pm
Msg #331035

Even in Ohio, where I have latitude to be "satisfied" as to ID, I would have RUN from this one. And our BMV is notorious for putting different names on ID, so occasionally I need other ID to be "satified". The first name "blurred" out on birth certificate and "Someone added the name above "a boy" - squeezed in in different ink and handwriting" screams to me something just isn't right in Denmark. My first thought is he isn't who is says he is - maybe the son of the owner? brother? Who knows. I certainly wouldn't be "satisfied".

Joan-OH

Reply by MikeC/NY on 4/9/10 5:37pm
Msg #331041

I think you did the only thing you could have done - walk away. Too much of this doesn't pass the sniff test. We're given wide latitude here in NY as far as "reasonable evidence" is concerned, but there's nothing reasonable here.

It's too bad the bank is furious, but that's not your problem. I hope it doesn't damage your relationship with the TC, although I don't see how you would have had any other option.

Reply by Philip Johnson on 4/9/10 5:43pm
Msg #331043

Furious about what?

That you followed the regulations set forth by the state, perhaps stopping fraud? Now that's a reason to get peeved.

Reply by JanetK_CA on 4/9/10 6:25pm
Msg #331050

"Walked. "

My exact reaction, to the letter! Way too many questions and red flags. If the guy is on the up-and-up, seems to me he needs an attorney to get everything straightened out. My guess is that the lender will just find another notary who won't care. Nothing we can do about that, but I wouldn't want it to be my signature on those notary certificates.

Reply by Notarysigner on 4/9/10 5:32pm
Msg #331036

Re: Run! n/m

Reply by Grammyzoom on 4/9/10 5:36pm
Msg #331037

Run, don't walk!!!! n/m

Reply by Ronnie_WA on 4/9/10 5:36pm
Msg #331038

Thanks for the feedback. I don't think he was pulling a fast one - just that his mother didn't know how to spell and it messed everyone up so they mispelled and typed over the name. Nonetheless, I didn't want to risk it as notary misconduct is a gross misdemeanor here and felt uncomfortable even though he is probably an upstanding guy.

Reply by Ronnie_WA on 4/9/10 5:37pm
Msg #331040

Though I do feel certain the hospital document was deliberately altered by someone as the ink was fresher.

Reply by Grammyzoom on 4/9/10 5:42pm
Msg #331042

Even if you feel that it was a combination of errors on their part, you did the right thing. You must be 100% convinced that the person before you is who they say they are. That after everything is said and done is your responsibilty as a notary.

Reply by BrendaTx on 4/9/10 5:55pm
Msg #331045

Your actions were right and justified.

The lender can get angry or handle their clients better.

Reply by Moneyman/TX on 4/9/10 6:26pm
Msg #331051

Exactly what you did. Left without regrets. n/m

Reply by Linda Juenger on 4/9/10 7:17pm
Msg #331057

Not only NO but H*** NO n/m

Reply by Cari on 4/9/10 7:26pm
Msg #331058

Ronnie_WA...you did not go through with the signing right?! n/m

Reply by Ronnie_WA on 4/9/10 7:28pm
Msg #331059

Re: Ronnie_WA...you did not go through with the signing right?!

No I didn't. I'm going to keep an eye on the county records and see if another notary goes with it.

Reply by Philip Johnson on 4/9/10 10:11pm
Msg #331084

Careful with this plan.

In December, I completed an assignment and in January got a call from a notary raising the roof. They proceeded to say they had already called Olympia and turned me in for not following RCW 42-44. I asked for what reason and they stated in November they had been to that house and the guy's ID was not even close to the docs and up to standard.

Since I had not been paid yet I still had a copy of his passport in his file and it of course matched everything perfectly. The other notary had looked at his out of state license which was had his nickname from elementary school (PORKY) as his middle name. Me being from NC, I kind of understood how the boy had acquired that name and now he was PORKY to everyone he knew.

The other notary had not bothered to ask for anything else and was gunning for the crooked notary who came behind them. I guess I was their man, but after a 3 way call with Olympia and a less then heartfelt apology everyone moved on. One of us not so quick to throw the first stone.

Reply by Moneyman/TX on 4/10/10 3:44am
Msg #331105

Re: Careful with this plan.

While I can understand your advice, Phillip, I don't think this is the same type of situation.

OP already stated ..."... that his mother didn't know how to spell and it messed everyone up so they mispelled and typed over the name."

Really? Really?? His own mother didn't know how to spell the name she gave him?

He has never gone back to get a corrected DL? Please, this has SCAM written all over it.

Reply by Yoli/CA on 4/10/10 5:16pm
Msg #331178

Re: Careful with this plan.

Maybe mother spelled the name the way she wanted it spelled and not the regular way. My youngest daughter's middle name is Cristine - without the "h" on purpose.

As has been stated, this whole case seems more than odd ....

Reply by Sylvia_FL on 4/10/10 5:50pm
Msg #331181

Re: Careful with this plan.

"Really? Really?? His own mother didn't know how to spell the name she gave him?"

not so far fetched. I knew a girl once, her mother loved the story "Heidi". So that is what she decided to call her daughter. But she didn't know how to spell "Heidi", so her name ended up being "Hydie"

Reply by Lee/AR on 4/9/10 8:03pm
Msg #331063

Walked. Unfortunately, all this drama could be avoided <if only> the LO would request ID at the time of Application AND provide same to Title--who would then see any uh-oh differences between ID & vesting. But, that's not the way it works. So they get angry at us for doing our job. Go figure~~

Reply by rengel/CA on 4/9/10 11:03pm
Msg #331091

"Sorry, No can do"! Byeeeeeeeeee n/m