Posted by NewPhoenix on 2/14/11 10:48am
Msg #372671

Question on AKA

Just got a call from a Title company being super critical about how I filled out an Ack page last week. I have been doing this for years and I don't remember how I have done this before but I have never had it questioned. The signature page had "Mary Smith aka Mary Jones" and that is how I had her sign it. Her current DL showed Mary Smith which is her name (now). I remember holding her DL in my hand when I filled in the Ack page and I entered Mary Smith (because that is the ID of the person I am acknowledging the signature).

So now Title calls today and says I have to do it over because I should have put the AKA Mary Jones. I'm thinking "Do I know what her AKA is?". I called the County Recorder where the property is and was told (as long as it was not registered land) that they basically didn't care on the Ack as long as the person was identified and so on.

I'm waiting to hear back from Title again. So should I have filled it out like they want? Does it matter? Do I acknowledge an AKA that I might or might not know?

Reply by CopperheadVA on 2/14/11 11:08am
Msg #372673

I would only put the name in my notary certificate that the signer produced ID for. I think you were right on this one.

Reply by Linda_H/FL on 2/14/11 11:26am
Msg #372675

IMO you need to refer to your handbook or contact your

SOS....are you, as an Ohio notary, allowed to include "a/k/a" in your certificates; if so, are you required to have proof of the a/k/a; or are you specifically instructed to state only the name on the ID in the certs.

"So should I have filled it out like they want? Does it matter? Do I acknowledge an AKA that I might or might not know?" Title cannot dictate how your certificates are completed nor can your county recorder (that's why they don't care - they probably don't know). Your authority is your notary handbook or your SOS....

MHO

Reply by LynnNC on 2/14/11 12:02pm
Msg #372677

I would have had her sign Mary Smith AKA Mary Jones and had the name Mary Smith in my notary acknowledgement. I would have put both names on the Sig/Name Aff.

Reply by FlaNotary2 on 2/14/11 12:24pm
Msg #372682

In Florida, I would use

"acknowledged before me by Mary Smith, who represented to me that she is also known as Mary Jones, and who produced a Florida driver license in the name of Mary Smith as identification".

But this is specific to Florida. Check with your SOS to find out if that is acceptable.

If your SOS has no preference and your laws our silent on the matter, do what you feel comfortable with.

Reply by NewPhoenix on 2/14/11 4:09pm
Msg #372727

Thanks for everyone's reply. This might vary from one state to another but I usually do what Lynn said and that's the way I did it on this one. I never did hear back from the title co.

Reply by LKT/CA on 2/14/11 10:06pm
Msg #372784

Glad I'm in CA......we don't do AKA's in our notarial certs.....nor titles before or after names. No "Dr. John Doe" and no "John Doe, CEO"........It's just plain old "John Doe". The documents can say whatever they want but our notarial certs are just plain old names from the ID, that's it.

Reply by PAW on 2/15/11 7:35am
Msg #372796

It is extremely important that each notary knows ...

... their own state laws, inside and out.

As demonstrated here, some states, like CA, don't allow for any representative capacity to be listed in the notarial certificate. (The CA wording takes care of any capacity the signer may have.) Some states, like FL and ID, require that a representative capacity be shown and the state provides sample certificates to be used. And then, some states, such as AR, are completely silent on the matter, leaving it up to the notary's discretion.