Posted by COpink on 12/27/12 9:34am
Msg #447873

Docs2U out of Orange, CA?

Anyone had any problems with them?

Reply by Moneyman/TX on 12/27/12 9:39am
Msg #447874

Haven't worked with them since 2011, but they met my fee and paid as agreed at that time.

I've linked them so you can check them out in SC.

Reply by Clem/CA on 12/27/12 10:28am
Msg #447881

They are hooked up with Simple Signings.

Reply by JinCA on 12/27/12 2:40pm
Msg #447904

I have had problems more than once. They can be difficult, and unproffessional at times.

Reply by DM_FL on 12/27/12 3:31pm
Msg #447913

I, literally, just walked in the door from one of their jobs. It was a nightmare. Borrower didn't have middle initial on id, but, of course, it was listed on the docs. TC and lender insisted that I notarize their pre-printed notary forms as-is without any changes. I informed them I wouldn't notarize that way and offered to use aka as an option. They refused. I had to leave the closing. They said to leave the docs because they were looking for a notary that would notarize. As I was leaving, they found someone. So, Docs2U wasn't at fault, but I'll wait to see if I get paid.

Reply by Mung/CA on 12/27/12 3:34pm
Msg #447914

I always confirm name on ID when confirming appt. n/m

Reply by DM_FL on 12/27/12 4:05pm
Msg #447917

Re: I always confirm name on ID when confirming appt.

I do to, usually. There contact info for the borrower--only real estate agent. Signing was at real estate office.

Reply by Donna McDaniel on 12/27/12 4:30pm
Msg #447919

You walked out because of an initial?

Where in the statutes does it say that the name on the ID has to match exactly with the name on the docs? I believe she gave you satisfactory evidence of who she was. What's the big deal?

Reply by GOLDGIRL/CA on 12/27/12 7:08pm
Msg #447932

I'm with DM FL

It doesn't say anywhere in any statutues that the name on the IDs has to match exactly the name on the docs. This is not a statute issue. But if the lender is sending me to sign Betty T. Boop, and her IDs say only Betty Boop, then the docs have introduced a whole new name for which (pick one) she has no ID, she has never been known by, isn't even her name, is a typo, etc./whatever. In other words, I can notarize the signature of Betty Boop, but not that of Betty T. Boop because I have no evidence (andneither does she) that she is actually Betty T. Boop.

I'm outta there, too. That's the deal, big or otherwise.

Reply by Donna McDaniel on 12/27/12 7:24pm
Msg #447935

Does the picture on the ID match?

Is the signature the same? Good enough for me. I am there to facilitate the signing, not to impede it.

JMO

Reply by Linda_H/FL on 12/27/12 7:33pm
Msg #447936

The picture on the ID may match the person in front of you

but the person in front of you may not be the person referred to in the docs. And is the signature the same as what? Do you have the vesting docs to compare signatures?

Our manual states:

"From Subsection 117.05(5) of the Florida Statutes
A notary public may not notarize a signature on a document unless he or she personally knows, or has satisfactory evidence, that the person whose signature is to be notarized is the individual who is described in and who is executing the instrument"

The person described in the subject docs is Betty T. Boop. How do you know that Betty Boop is one and the same as Betty T. Boop - chances are they ARE one and the same, but unfortunately, absent solid ID you don't know for sure - you're taking her word for it.

I truly believe it's nitpicking to the nth degree as far as ID is concerned. Depending on the circumstances I may or may not have notarized. I don't have too much problem with initials - it's with flagrant name variations that I draw the line.

JMHO

Reply by GOLDGIRL/CA on 12/27/12 8:07pm
Msg #447939

"Is the signature the same?"

I'm not a handwriting analyst. I don't compare signatures. That's beyond my pay grade. My signature has changed dramatically over the years. I wouldn't even begin to judge others'. I've been at signings where the person's signature on the docs isn't remotely like what's on their ID. I'm going to say whoa, stop the signing? No way.

In any case, I am there first and foremost as a notary, and the #1 job as a notary is to ID the signer. Then, when that's all done, I'll "facilitate" along with the best of them. It's not my job to facilitate first, then hope later that maybe I got the right person by accepting whatever looked "good enough" on the ID. The lender might like to think that we're there to bring home the loan no matter what, but I'm not there as a loan signer first. The only reason we're there is because Deeds gotta be notarized in this country. And I'm not notarizing until people can show me proper IDs.

I think that we notaries sometimes lose sight of why we're there in the first place. We get so wrapped up in the whole process of loan signing and all that entails, that we cave into pressure and expectations from the TC and lenders and Realtors, who have nothing to lose cos their commission/integrity/responsibility is not on the line. They've done their jobs (or think they have) up to that point, then it's time for us notaries to do ours. And that means properly identifying people.

Reply by Donna McDaniel on 12/27/12 8:30pm
Msg #447940

I'm just saying we need to apply a little common sense here. n/m

Reply by DM_FL on 12/27/12 8:46pm
Msg #447941

Re: I'm just saying we need to apply a little common sense here.

What one person considers "common sense" may not cut it in a court of law if it comes to that. It's much better to stick to the statutes than rely on so-called "common sense". That's the reason the laws are in place. As a notary, I've actually had to testify in court concerning one of my signings where the borrower sued the lender for fraudulent practices. I certainly have no intention of being questioned and possibly fined because I identified a person without id to back it up.

Reply by Donna McDaniel on 12/27/12 10:06pm
Msg #447943

Re: I'm just saying we need to apply a little common sense here.

From page 32
“Satisfactory evidence” means the absence of any information, evidence, or other circumstances which
would lead a reasonable person to believe that the person making the acknowledgment is not the person
he or she claims to be, and any one of the following:

Then it lists ID, Credible Witness....

What made you believe that she may not be the person she said she was?

I doubt anyone is going to impersonate another person so that they can refinance the property owned by the other to lower their rate and decrease their monthly payments.

Reply by DM_FL on 12/28/12 11:52am
Msg #447966

Re: I'm just saying we need to apply a little common sense here.

Yes. It does list credible witnesses as an option, but read the requirements for credible witnesses. Pay close attention to subsection 1(c). It's as follows:

(b) For the purposes of this subsection, "satisfactory evidence" means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person whose signature is to be notarized is not the person he or she claims to be and any one of the following:

1. The sworn written statement of one credible witness personally known to the notary public or the sworn written statement of two credible witnesses whose identities are proven to the notary public upon the presentation of satisfactory evidence that each of the following is true:

a. That the person whose signature is to be notarized is the person named in the document;

b. That the person whose signature is to be notarized is personally known to the witnesses;

c. That it is the reasonable belief of the witnesses that the circumstances of the person whose signature is to be notarized are such that it would be very difficult or impossible for that person to obtain another acceptable form of identification;

d. That it is the reasonable belief of the witnesses that the person whose signature is to be notarized does not possess any of the identification documents specified in subparagraph 2.; and

e. That the witnesses do not have a financial interest in nor are parties to the underlying transaction;

So, the key portion is:
"c. That it is the reasonable belief of the witnesses that the circumstances of the person whose signature is to be notarized are such that it would be very difficult or impossible for that person to obtain another acceptable form of identification;"

Just because a person doesn't have the correct identification doesn't mean it's very difficult or impossible for that person to obtain acceptable identification. Identification by credible witnesses is to be used in very limited circumstances. Some possible examples would be for home-bound individuals that can't get to the DMV or someone on their deathbed in ICU. Credible witnesses are not to be used for the sake of convenience. As notaries, we can't dissect the law and pick and choose which portions we want to apply. We have to follow the law in it's entirety.

Reply by BrendaTx on 12/28/12 3:15pm
Msg #447995

Thank you, Donna!

*What made you believe that she may not be the person she said she was?

I doubt anyone is going to impersonate another person so that they can refinance the property owned by the other to lower their rate and decrease their monthly payments.*

Thank you, thank you, thank you.