Posted by LeeH/IN on 5/12/11 11:30am
Msg #382984

ID advice

I'm waiting to hear from Title Co. Borrower has an Order of Quiet Title which identifies her as XY aka XYZ aka XZ but DL is X(E.)Z. That's a middle initial not on the Quiet Title. Does the driver's license with the middle initial cover the XZ name listed on Quiet Title ? Docs must be signed XYZ.

The middle initial is from her maiden name. The 2 last names are from marriages. She kept the names on Title so ownership could be traced, her reasoning.

In the meantime, borrower has come up with nursing certificate in maiden name (covering middle initial) and nursing diploma in married name.

Your thoughts appreciated.

Reply by Ronnie_WA on 5/12/11 11:37am
Msg #382987

If the name on the driver's license matches the name that the name of the person that the title company is asking you to identify, then you can proceed. In my state, we are not authorized to notarize AKA's or FKA's.

Reply by Ronnie_WA on 5/12/11 11:38am
Msg #382988

the name, the name - watched the King's Speech last nite!

Reply by Rani Sampson on 5/12/11 1:07pm
Msg #383003

Yes, there is a way to include an AKA or FKA in an acknowledgment in Washington. Have a lawyer draft the acknowledgment.

Your job is to verify the identity of the person who is signing before you. Even if the title company approves the document you're about to notarize, it might be wrong. Let the lawyers decide what the appropriate language is.

FYI, WA's state law RCW 42.44.080(3) says: In taking a verification upon oath or affirmation, a notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary public and making the verification is the person whose true signature is on the statement verified.

Reply by Ronnie_WA on 5/12/11 11:17pm
Msg #383058

An attorney could draft a dozen forms in WA but, regardless of the author, I personally will not sign off on any acknowledgment containing a name, be it AKA or FKA, unless that name appears on the unexpired government issued ID that is presented to me.

Reply by Linda_H/FL on 5/12/11 11:43am
Msg #382990

Re: ID advice....my thoughts and MHO

Although XEZ may cover the XZ listed on the doc, XEZ does NOT cover the XYZ she's required to sign. What do your IN notary laws say? http://www.in.gov/sos/business/2489.htm

In FL we could run with it, stating in our certs "...personally appeared XEZ (from license) who represented to me that she took title as blah blah blah" - can you do that in Indiana?

Watch out what title says - they'll tell you to just get it done and they normally don't concern themselves with whether or not it fits into notary laws. You should be checking with your SOS too.

JMHO

Reply by FlaNotary2 on 5/12/11 1:20pm
Msg #383007

Don't know about Washington, but Florida attorneys

don't even know how to draft a proper acknowledgment.

The "an attorney wrote it, therefore it must be OK" attitude is one of the reasons why Florida notaries (and notaries in other states, I'm sure), don't have a clue what they're doing.

Reply by Rani Sampson on 5/12/11 1:42pm
Msg #383016

Re: Don't know about Washington, but Florida attorneys

You're right, many WA attorneys don't pay enough attention to the notary's portion of the document.

Notaries need to remember that our job is to verify the identity of the signer and to be reasonably sure that the signer is aware of what he or she will accomplish by signing the document. If there's a question about the proper form of a person's name or their competency to sign, some attorney may ask us to testify years later.

Before I apply my notary stamp to a document, I ask myself if I could convince an angry lawyer that I properly identified the person who signed the document and that the person knew what they were signing. Our small notary fees are not worth the aggravation that comes with litigation!

Reply by MonicaFL on 5/12/11 8:31pm
Msg #383051

Re: Don't know about Washington, but Florida attorneys

why wouldn't a Signature Variation Affidavit work? or an AKA Affidavit?

Reply by Linda_H/FL on 5/12/11 9:13pm
Msg #383054

As a form of ID? n/m

Reply by Larry Adams on 5/13/11 12:22am
Msg #383062

Re: Don't know about Washington, but Florida attorneys

California solved that problem... the wording for acknowledgments and jurats is specified by state law, no alterations are permitted. I've lost count of how many local agencies try to use the wrong wording for acknowledgments or jurats. The law changed effective January 1, 2008, so you'd think these public agencies would have had to do a reprint of their forms. I keep a stack of blank forms handy, and sometimes attach a sticky note to their form referring them to the state law.

Reply by C. Rivera Chicago Notary Services on 5/13/11 12:48pm
Msg #383118

not here, wish IL would do the same as CA....

we have "samples" that the SOS gives us, that's about it...very very basic wording indeed.