Posted by GinaKY on 10/31/11 2:03pm
Msg #402277

Question for New York Notaries

I have a borrower in the state of NY (NOT CALIFORNIA) and her ID reads - Sally E. Smith......all the mortgage documents read Sally Elizabeth Smith, it is a rental property, so there is no way to verify the address on the ID vs. the documents. The question that I have, is it "unlawful" to notarize the documents? Is Sally E. Smith sufficient evidence and proof of ID, if she says - "Yes, I am Sally Elizabeth Smith" - Your thoughts please!!!!!! (and please dont bash me, I am having a debate with a notary and he stated that the NNA says not to notarize the documents).

Reply by FlaNotary2 on 10/31/11 2:10pm
Msg #402279

NNA is wrong

NO state - I repeat, NO state - says that the ID must have "more names" than the document. If YOU are satisfied that Sally E. Smith and Sally Elizabeth Smith are one in the same, it is OK to notarize, and I would not hesitate to do so.

Reply by BrendaTx on 10/31/11 3:43pm
Msg #402293

There is no more/less rule in law, although

it is used without foundation by notary trainers and notary associations.

Robert and I are on the same page for this one.

Reply by jba/fl on 10/31/11 8:22pm
Msg #402331

I'm in this camp too. (Robert & Brenda) n/m

Reply by CT_Notary on 10/31/11 4:33pm
Msg #402295

ReRead question

I believe the question has been read wrong.

Mortgage docs have more than the ID, not the other way around!

Reply by JanetK_CA on 10/31/11 9:33pm
Msg #402335

I believe the question has been read correctly... n/m

Reply by Bob_Chicago on 10/31/11 2:18pm
Msg #402280

IMO, you need to determine from all available evidence,

and the absence of contrary evidence, if the person sitting before you is the person named in the loan papers.
In other words is she the party that the lender is intending to extnend a loan and is she the Sally Elizabeth Smith who owns the property in question.
And BTW, the standard is the Notary law of KY, not NY

Reply by Linda_H/FL on 10/31/11 2:56pm
Msg #402285

"And BTW, the standard is the Notary law of KY, not NY"

Gina runs a SS - I suspect she has a NY signing and that's why she asked the question that way.

Reply by Notarysigner on 10/31/11 3:02pm
Msg #402286

Thanks Linda....I take back my answer n/m

Reply by Bob_Chicago on 10/31/11 3:07pm
Msg #402287

Re: Thanks Linda....I take back my answer

Me too, but only as the which state's laws would govern.
Apparently it would be NY, not KY (State {commonwealth?} not the jelly.
Stand by the first part of my response.

Reply by GinaKY on 10/31/11 3:41pm
Msg #402291

Re: "And BTW, the standard is the Notary law of KY, not NY"

You are correct Linda. We called the DOS or (Secretary of State of NY) on 3 way conference call with the notary. They stated that it would be fine to notarize the documents. The notary hung up and said that the person who answered the question was WRONG. Our attorney called him during the signing and told him that the "E" on her ID stood for Elizabeth and that he could proceed. The notary argued with our attorney and refused to notarize the docs. Lucky for us the borrower had a friend there who happened to be a notary - to notarize the docs.
The agent that we hired still stands by the face that "NY LAW" does not allow him to notarize the documents and that the NNA "who governs notaries" states that it is unlawful.
I thought that maybe he will read this post, and finally admit that there is no law stating that the ID must read more than the documentation that is being signed.
Thanks

Reply by Yoli/CA on 10/31/11 4:30pm
Msg #402294

Re: "And BTW, the standard is the Notary law of KY, not NY"

*The agent that we hired still stands by the face that "NY LAW" does not allow him to notarize the documents and that the NNA "who governs notaries" states that it is unlawful. *

The Secretary of State (SOS) of my state issues my notary commission. My SOS issues my notary handbook. NNA does NOT govern me as a notary nor as an individual and I resent that statement!

GinaKY: Do you call on that NY notary in question often? (just a rhetorical question)

Reply by BrendaTx on 10/31/11 6:27pm
Msg #402310

Here is another example of a person being denied notary

services for absolutely no good reason by a confused notary who does not understand how to identify a signer.

Reply by Stephanie Santiago on 11/1/11 4:28pm
Msg #402416

Nice catch Bob. :) n/m

Reply by Notarysigner on 10/31/11 2:20pm
Msg #402281

Robert is correct...I might add if you want to get confused, start debating other notaries. My advice to you would be to get in the habit of actually finding the answer yourself, to your satisfaction.

I use all these post as a learning experience and not mater what the post I have gotten pretty good at finding the answer. It may seem time consuming but in the end you will know the answer and they won't! IMO

Reply by desktopfull on 10/31/11 8:18pm
Msg #402328

Just follow your state's notary laws, that's all. n/m

Reply by SharonMN on 10/31/11 5:01pm
Msg #402297

In MN there aren't any hard and fast rules on what constitutes acceptable ID. On the rare occasion when the person cannot produce anything with the full middle name on it to supplement the driver's license, I have notarized but only put the name I could verify on the certificate. I try to get confirmation from the hiring party that this is OK first. I would not fill out a certificate for "Sally Elizabeth Smith" if she had no proof of the "Elizabeth" but I would let her sign that way and notarize for "Sally E. Smith," the name on the ID. Sometimes this is acceptable to title.

Reply by MikeC/TX on 10/31/11 10:35pm
Msg #402348

Former NY notary here... Your notary is wrong and shouldn't be relying on the NNA for guidance, because they don't know NY notary law.

NY has NO requirement for ID, other than that the notary rely on "satisfactory evidence"; basically, it's the notary's call on what type of ID to accept.

Were I still in NY, I would probably accept the ID that was presented - NY licenses don't usually spell out the full middle name, and may not even include the middle initial. In fact, due to space constraints they sometimes eliminate the full first name and only use a first initial.