Posted by TacomaBoy on 11/30/11 9:44pm
Msg #405367

Name Affidavit

I received the below e-mail message from one of my clients. I'm inclined to notarize doc's signed by the individual mentioned in the e-mail, since he will sign a name affidavit swearing that he is one and the same person. Any NotRotten thoughts about the below?

Hi,

Will this be a problem if you do a mortgage signing for this borrower? Please advise.

We have an ID that reads Larry James Smith, Jr. but our vesting has to read Larry James Smith IV per the trust. Do you think this will be an issue with the notary? We will include a name affidavit for this borrower.

Let me know

Reply by Philip Johnson on 11/30/11 9:48pm
Msg #405368

How can Junior be the fourth too?

Senior, Junior, Third, Fourth, if I got this right they are saying Grandpa is Grandson?

Reply by VT_Syrup on 12/1/11 9:46am
Msg #405424

Re: How can Junior be the fourth too?

Mr. John Doe IV buys a house. A year later, his great-grandfather dies, and following family tradition, they all move up one, so our homeowner is now J.D. III. Ten more years pass and his grandfather dies, so he is now J.D. Jr. Another year passes, and he needs to perform a transaction on his house that requires notarization.

My view is that a suffix is not part of the name, it is a description. It is subject to change, just as his height, weight, and eye color are subject to change. The only thing that is different about this description is that people customarily write it next to their names, while they usually do not write their weights next to their names.

I cannot find any rule anywhere that says how thoroughly a notary should check a suffix. Can we completely ignore it? Should we check that there is a plausible reason why it is written as it is? Should we thoroughly check to make sure it is the one and only correct suffix for the signer at the moment the document is signed? If the signer follows the custom of changing suffixes when ancestors die, should I demand that the living ancestors be present to make sure their alive, and demand death certificates for the dead ancestors? I can find no written rules.

Reply by jba/fl on 12/1/11 10:02am
Msg #405426

Satisfactory evidence...FL requirement.

ID, of course, and a bit of common sense. Tied together with family history, 1009 info, generational photo, friends and family....also, to work on the file to begin, there must have been some vetting of the particulars. Are we to discount all these various things and stick to just the ID, which is some states is just the state's version of who we are? (Ex: long names, that get cut off - my son was always and forever Christophe - so who checked his id and came away with Christopher? Those pesky maiden names for the women who would rather keep their middle names? The Spanish with their 4-7 names? And so on.)

These suffixes are a constant thorn, we discuss them forever each year...search this out....many many posts on this subject. No cut and dried answer either.

Reply by Shoshana/AZ on 11/30/11 9:51pm
Msg #405369

Doesn't sound kosher to me.

I agree with Phillip. Junior is usually the second. How can he be the 2nd and the 4th at the same time?
IMHO, a name affidavit doesn't make things right.

Reply by desktopfull on 11/30/11 10:01pm
Msg #405370

Name affidavit or not, he has Id with both Jr. & IV on them or no go period.

Reply by TacomaBoy on 11/30/11 10:18pm
Msg #405373

Name Affidavit

You guys ROCK! Thanks for your insightful comments!

Reply by jba/fl on 11/30/11 10:32pm
Msg #405374

He is a Jr. to someone - his dad. Whether the other two individuals are still alive may have a lot to do with that designation at this time. Where are the others who are so named? Those would be dad, granddad and great-granddad - do you suppose they are all still alive?

This is a fine kettle of fish....sitting in the sun for a while. LOL

Reply by BrendaTx on 12/1/11 6:40am
Msg #405404

This is not a cut and dried situation in my opinion; with the info provided thus far, I do not say that it is not a go, or that it is a go.

I think that it is quite possible that Jr. & IV are the same person (See jba's post), but I would need more info like "What is the age of the borrower on the app? Is it the same as the age on the ID? Is the ID authentic?"

I could not call it without more input.

Reply by Pat/IL on 12/1/11 9:02am
Msg #405414

It's Possible! Here's how:

Many many years ago when I was twenty three,
I got married to a widow who was pretty as could be.

This widow had a grown-up daughter
Who had hair of red.
My father fell in love with her,
And soon the two were wed.

This made my dad my son-in-law
And changed my very life.
My daughter was my mother,
For she was my father's wife.

To complicate the matters worse,
Although it brought me joy,
I soon became the father
Of a bouncing baby boy.

My little baby then became
A brother-in-law to dad.
And so became my uncle,
Though it made me very sad.

For if he was my uncle,
Then that also made him brother
To the widow's grown-up daughter
Who, of course, was my step-mother.

Father's wife then had a son,
Who kept them on the run.
And he became my grandson,
For he was my daughter's son.

My wife is now my mother's mother
And it makes me blue.
Because, although she is my wife,
She's my grandmother too.

If my wife is my grandmother,
Then I am her grandchild.
And every time I think of it,
It simply drives me wild.

For now I have become
The strangest case you ever saw.
As the husband of my grandmother,
I am my own grandpa

-Dwight Latham and Moe Jaffe (as covered by Homer and Jethro)

Reply by jba/fl on 12/1/11 9:04am
Msg #405415

Love it! n/m

Reply by JanetK_CA on 12/1/11 2:28pm
Msg #405478

I vaguely recall a situation I ran into a long time ago where there was a question about a suffix to a name. It might have been a "Sr." on the documents, but not on an ID - I don't remember. However, I do remember that the son was in the house at the time. I looked at his ID, which clearly said "Jr." (or whatever) and the family pictures on the wall, and felt very comfortable that I had the right person at the table.