Posted by GOLDGIRL/CA on 6/27/12 1:30am
Msg #424773

Old days

Had a recent refi that included a Grant Deed updating vesting to Robert Smith and Mary Smith, husband and wife from "Robert Smith and his wife." They said they bought the house 40 or so years ago. Wonder if she even had to sign? Maybe "his wife" was her sig line! How would you ID "his wife"? (Actually, His Hughness probably could enlighten us here from personal experience ..?)

Reply by VT_Syrup on 6/27/12 9:26am
Msg #424789

This post reminds us that forum postings are not an ideal way to ask about how to notarize documents. We only see the original poster's summary of the documents, not the documents themselves. (Of course a better notary forum would make it easy to post a copy of the document 1st, signature, and certificate pages with the names changed to protect privacy). The entity requesting the notary's signature should make it clear what the entity wants to appear on the name line in the certificate, and the notary should first determine if the request complies with state law, and then determine if the notary can verify the claimed identities using the means allowed in the notary's state.

In CA notaries can't verify capacity, but "capacity" isn't defined. If being a wife isn't a capacity, then it's a fact or status. Just like in my state, the law is silent about the significance of any fact or status that appears next to the signer's name in the certificate. IF the signer wants "and his wife Mary Smith" or "Mary Smith PhD" in the certificate it is unclear if the notary is certifying to the fact or status next to the name, or the fact or status is just extra unverified information.

Reply by Jack/AL on 6/27/12 9:52am
Msg #424793

It would seem that the title company and an attorney determined the names as needed on the Grant Deed. That's their job. I'd just do my job of identifying the lady by a current, government- issued identification, such as a driver's license. I'd have neither a requirement nor an interest in delving further into the matter.

Reply by Clem/CA on 6/27/12 10:26am
Msg #424797

I had to decline to sign one last week because the Docs were based on the names on the DOT. The ex wife had never taken the husbands last name when they married years ago but the DOT was under her name as if she had taken his name. Fast forward 20 years.. they are still friends and still own the property together. Refi, no ID with her " married " name. Sorry no ID, no stampie stampie. Gonna be a problem to quick claim, unless she flies to his state and there are credible witnesses as to her " married" name from 20 years ago... I hope they call me when they get it all fixed so I can see what they had to do.....

Reply by jba/fl on 6/27/12 5:38pm
Msg #424865

Quit Claim - I quit my claim on this property, here's the new deed. Didn't Wiki tell you this?

If she was listed w/married name, how was she ID'ed? I know you don't know answer to this, but just asking rhetorically.

Reply by HisHughness on 6/27/12 11:36am
Msg #424815

Woman having been made from man's rib, it's only logical that she should not have much of a separate existence. I thought the rib was sufficient, but my first wife took with her my heart, soul, wallet and cojones, too. Any deed would have read "Hugh Nations (what's left of him) and his wife -- plus."

On an allied note, wrote a song once, titled "Does Anyone Want What's Left of Me?" It follows:

It's better to have loved and lost...
That's what the poets always say.
Well, I have loved, and I have lost,
And I can tell it's not that way.

For I have lost not only her,
As you can very plainly see.
I'm no longer quite complete.
Does anybody want what's left of me?

I lost my head the day we met.
I gave my love quite carelessly.
And then I let her steal my heart.
Does anybody want what's left of me?

Now my smile has vanished, too;
There's nothing left but hurt inside.
And even that I'd gladly bear
If I still had a little pride.

I've no hopes left, just empty arms,
No flights of dreams to set me free.
For when I loved, I really lost.
Does anybody want what's left of me?

For I have lost not only her,
As you can very plainly see.
I'm no longer quite complete.
Does anybody want what's left of me?
Does anybody care what's left of me?
Does anybody want what's left of me?
I'm no longer quite complete.
Does anybody want what's left of me?



And so it goes.

Reply by JENNY/TX on 6/27/12 3:00pm
Msg #424851

Oh Hugh, someone should put that to music and record it so I can buy it.

I love the lyrics.

Jenny

Reply by jnew on 6/27/12 9:04pm
Msg #424881

Bravo!! n/m

Reply by NotaryGirl71 on 6/28/12 4:38pm
Msg #424952

Re: Bravo!!

I can’t believe when some people get married they are STILL pronounced, “Man and Wife”…in this case why isn’t it changed to “Husband and Woman”???? Why is it always the woman who gets a title? You can bet that when I get married the person will pronounce us, “Husband and Wife”.