Posted by Sha/CA on 6/15/11 12:02am
Msg #386235

What would you do?

Signing on Saturday with a couple, their property vested in their family trust. No deeds were present to change vesting. Instruction from escrow or lender was to have them sign as individuals everywhere, not as trustees, even though the wording under the signature line was as trustees in trust. This is a refinance with the same lender and the old mortgage is in the trust. I have no problem, yet. The way Mrs. in named in trust and on the mortgage shows her title with her maiden name instead of her middle name. She has no ID with her maiden name on it. I notarized her name, first and last only, even though the printed name below the signature line showed her maiden name instead of her middle name. I called the number of the SA to call in an emergency and had to leave a voice message. I spoke with that person on Monday morning, so I know she got the message.

Today, I got a call and an email from title wanting me to overnight an acknowledgement with the borrowers name notarized the way it is written in the trust, that she has no ID for.

What would you do?

Reply by Marian_in_CA on 6/15/11 1:41am
Msg #386241

No way. She didn't have ID in that name... and per state law doing that is plain illegal. I also hope that you only notarized her name... and didn't include her capacity as a trustee in your certificate/ That's a BIG no-no in California.

I would tell the them that per CA law, what they are asking is illegal, and now that they KNOW it's illegal (because you told them), if they press you on it or continue to ask, you will report them to the SOS because it is illegal for anyone to knowingly ask a CA notary to do something illegal.

Reply by JanetK_CA on 6/15/11 2:32am
Msg #386243

Like Marian said, you tell them that the person didn't have ID to support the full name on the documents and that you can only put on the acknowledgment that which she was able to prove, in accordance with California ID requirements. You left a message with your client advising them of the situation asap, so I can't think of anything else you could have done - except maybe try to reach someone at the title co directly, although it's probably unlikely you would have reached anyone. Stick to your guns. Someone should have checked the ID vs. the vesting before the signing appointment was scheduled - at least one would think...

Reply by CF on 6/15/11 9:31am
Msg #386276

Similar to why SL "fired" me-no can do!!!!

Tell them to put it in writing.....I am sure you will not receive that email!!!

Reply by Sha/CA on 6/15/11 1:30pm
Msg #386356

No can do!!!!

Hi to all who responded. Thank you for your support. I did as you suggested, and I haven't been contacted since. I had to leave a voice message when I returned the call, so I know they have my response recorded. This major player in our industry should have known better, as they are here in CA. They may not call me again for a while, but I bet they will call back again some time. MHO

Reply by Mark/SanJose on 6/26/11 5:43pm
Msg #387763

Actually ...

Actually what you should have done is to require 2 credible witnesses to identify her with her maiden name as on the docs. If no CW's are available then it is a "no sign" due to improper id and you do not sign or notarize anything. You call SL from the table and tell them or leave a message. Check the "no sign" box, fax it in (status it off online as appropriate) and call it a day. This is all you can do, I have done it w/SL and no problem. But, Especially, do not incorrectly notarize then try to explain.

Reply by Sylvia_FL on 6/26/11 6:16pm
Msg #387766

"Today, I got a call and an email from title wanting me to overnight an acknowledgement with the borrowers name notarized the way it is written in the trust, that she has no ID for. '

They wanted you to overnight them an acknowledgment?
Regardless of any other problems you cannot just overnight an acknowledgment.