Posted by NotaryGirl71 on 7/14/10 12:45pm
Msg #344924

AKA Statements - California

This is in regards to California Notarial Law

I can’t tell you how many times I have gone to a signing appt and the name on the ID does NOT reflect the name on the docs. Just recently went to a signing and the last name was TOALLY different on the ID than on the docs…for example the docs said the borrower’s last name was Smith but the ID said Jones.

This borrower happened to be an employee of a MAJOR bank. He said that as long as there is an AKA statement in the file I could notarize him using the last name on the docs!!!! He said that their internal notaries do this ALL THE TIME and there has NEVER been a problem.

I explained to him that an AKA statement is solely for the benefit of the lender NOT the notary…that the notary must still follow California State Notarial Law… that by doing this they are putting their commission in jeopardy each and every time and also risking paying thousands of dollars in fines! He just shook his head and looked at me as if I didn’t know what I was talking about.

He ended up calling a notary that he personally knew to do the signing and notarize him based off of personal knowledge. I explained to him that as of January 1, 2008 personal knowledge was NOT an acceptable form of ID per California State Notarial Law.

His friend then came anyways and did it for him!!!

The funny thing was that his lender and realtor had been working with him for over a year and NO ONE bothered to check his ID!!!!!

Reply by GOLDGIRL/CA on 7/14/10 1:09pm
Msg #344929

<<This borrower happened to be an employee of a MAJOR bank. He said that as long as there is an AKA statement in the file I could notarize him using the last name on the docs!!!! He said that their internal notaries do this ALL THE TIME and there has NEVER been a problem.>>

Unfortunately, that's probably true.

Anyway, I can only shake my head at this latest example of complete chaos. The only thing we have any control over is our own conduct. (You could always file a complaint with the SOS office, but I think we know how little they - or anybody else for that matter - care .... ). Sometimes I wonder why the CA legislature went to all the trouble to pass all these widely ignored notary codes.

Reply by Marian_in_CA on 7/14/10 1:32pm
Msg #344931

If it were me... I'd fill out a complaint form and send it to the Secretary of State. However, before sending it in, make sure that you wait for the deed to record, and get a copy of the deed from the county clerk. The SoS wants to see copies of this kind of thing. Be sure to write out everything.

I can tell you, from experience, that if you give them all the evidence they need, they DO follow-up on these things.


See: http://www.sos.ca.gov/business/notary/file-a-complaint.htm

Reply by Marian_in_CA on 7/14/10 1:36pm
Msg #344933

Let me add... that the trick is in giving them copies of proof that the notary screwed up.

One way you can do this is to request a copy of the notary's journal entry for the notarization on the deed. You're legally allowed to request it... and that notary is legally required to provide it. You have all the information you need to make the request... the name of the signer, the type of document(s) notarized and the month/year, right?

So, get a copy of the deed, a copy of the journal entry and anything else you might have as proof. Send the complain via certified mail, and then call to follow up to be sure they got it.

The SOS does follow-up on properly documented complaints --- but that's the key DOCUMENTED!

Reply by Marian_in_CA on 7/14/10 1:40pm
Msg #344935

Ooops... I also meant to add that you should request copies of the journal entries for any document that may have been notarized, including the AKA affidavit! The journal entries alone may be enough proof that the notary didn't do his/her job properly...especially if they're dumb enough to have checked "personally known" as the form of ID.

There's just no excuse for any notary in CA to NOT know that this isn't okay anymore.

Reply by garland/CA on 7/14/10 1:58pm
Msg #344938

Marian - it is really worth it to go to all this trouble to file a complaint with the SOS. If we just ignore it this kind of practice continues and peole remain ignorant. In this case, maybe, this one bank will become more aware and start doing things differently. And the next time and the next, until this practice is seen on rarely, rather than the norm.
I admire your willingness and tenacity to bother, rather than not bother. And to encourage all of us to do it too.

Reply by garland/CA on 7/14/10 2:05pm
Msg #344941

and I hate it that we can't correct typos here!!

meant to spell people (not peole)

and say "only rarely", (not on rarely)

grrrrr

Reply by Marian_in_CA on 7/14/10 2:19pm
Msg #344944

Re: and I hate it that we can't correct typos here!!

Heh... I make typing errors all the time here and am usually really embarrassed about it. You're in good company!

I'm a poor typist, not a poor speller. I type fast, just not with much accurayc.

Reply by Marian_in_CA on 7/14/10 2:17pm
Msg #344943

I've always held to the squeaky wheel type of approach...

How will anything change if nobody actually *DOES* anything about it? It's one thing to complain and vent, but if you really want something to change, you have to make more of an effort. Of course, I'm just a natural loud mouth... but wrong is wrong, and somebody needs speak up. Sitting idly by and saying, "What's the point?" isn't going to change anything.

Notaries in our state who can't be bothered to know about or follow a law that is at least two and half years old have no business being notaries. They ruin the credibility of our profession.

Reply by Ronnie_WA on 7/14/10 6:28pm
Msg #344964

You did the right thing. I feel sorry for the title company insuring the DOT if there is ever any sort of litigation/foreclosure proceeding. Well, no, maybe I don't. The title companies give seminars telling us we have to adhere to notary law very carefully and then their vendor management folks pressure us to forget the law and get it notarized because every loan counts and the bank is mad at them when we do our job right. I guess they all just figure it is worth the risk to them to lose a claim now and again. The bank notaries are covered by the bank E&O, unlike us who have to fork out big bucks for E&O.