Posted by CalGal on 11/7/11 7:08pm
Msg #403082

AKA

If the borrower is signing his name with an aka on the signature line which is preprinted. Do I notarize with the "aka" attached to his name. California

Reply by Molly Richardson on 11/7/11 7:12pm
Msg #403084

I do not believe you can notarize the aka unless the aka is on the valid form of id. For example, I am Molly Ann aka Molly Ann Richardson. If my id only says Molly Ann...then you can only notarize me as such. If my id says Molly Ann Richardson....then you may notarize me with the full name.
If I am Molly Ann aka Chewy....of course, you may not notarize me as Chewy unless that is the name on my id.

Best of Luck,
Molly Ann

Reply by CalGal on 11/7/11 8:03pm
Msg #403095

Thank you Molly

Reply by MW/VA on 11/8/11 7:29am
Msg #403130

We usually use the name exactly as it appears on the docs

in our notarial certificates. Variations (name/signature affidavit) is there only to prove it's the same person as other names that appear there.

Reply by Linda_H/FL on 11/8/11 7:49am
Msg #403135

Re: We usually use the name exactly as it appears on the docs

I use the name on the ID - THAT'S the person standing in front of me.

JMO

Reply by Notarysigner on 11/8/11 9:44am
Msg #403138

Ditto... as it appears on the docs

Calif ID is one thing and names on Docs is another. We are allowed some leeway when accepting a variation of the name whether or not there is an AKA affidavit.

I would run this pass the TC first of all and then follow my states notary laws. If you have time you could even call or email the SOS office for an answer also.

It could also be just a typo which is why I suggested contacting the TC.

Reply by Carolyn Breckenridge on 11/8/11 10:52am
Msg #403148

Re: Ditto... as it appears on the docs

If the file that you are closing is refinance. Then the loan documents should be match how they are in title. If it doesn't then you need to make a phone call. Sometimes the lenders will have you do a aka on the mortgage. Or they will have you add to the name affidavit. But that should be their call only. The title company should have already caught this before you got the file.

Normally, how the buyers did their loan application is how the lenders are showing them on the docs and that is not always correct.

On a purchase the tc should have followed the contract and cleared the decrepancy up long before closing. Title commitments are sent to the lender during the loan apt. process. In a purchase as well as a refinance. The problem is that in this hurry up world we live in no one takes the time.

I am talking about Ohio and Florida. I am not sure how the other states handle this.

Reply by MW/VA on 11/8/11 12:23pm
Msg #403164

Just a reminder--we notarize signatures & not ID's. If

they're signing as John D. Doe, then I'm going to write John D. Doe in the notary certificate.
His ID may say John Dear Doe, but that isn't what he signed.

Reply by Victoria_NJ on 11/9/11 11:36am
Msg #403250

There is a reason that the lender/title agency included the AKA. Perhaps the Deed is vested into John J. Smith, but his actual name is James J. Smith and there was a scribner's error on the Deed. By using the AKA, they are verifying that John J. Smith is one and the same person as James J. Smith (Ideally in this situation they should have called for a corrective Deed).

Or maybe his legal name is James, but his dad was also James, so he has used a family nickname as John (b/c he is not legally a Jr.)

You have identified him by his legal name appearing on his ID (James) and are also acknowledging his signature as his AKA, the name he may sign everything as John.

Example, I use Victoria, but my legal name on my birth certicate is Vicki. Whenever I sign a legal doc, I use both names Vicki AKA Victoria since I may use either name as my regular signature and "publically" I am known as Victoria.

Hope that helps. ID = verification of name as reported to a governmental agency Signature = name(s) person uses (don't even get me into hyphenated spousal names and AKA, NKA and FKA's)