Posted by Harry/CA on 3/28/12 4:07pm
Msg #416364

Name doesn't match ID, California Notarization of loan docs

Some people, as per the custom of their family's native country, add their mother's name on their driver's license/ID, BUT then take title without that name (i.e. D/L says Robert Smith Jones, but the docs/title say Robert Smith)
My understanding is that the docs need to match the ID, especially the last name, but I recently had a lender insist that I should have just notarized them anyway, since his ID included the name on the docs. (this was a refi)
I told them they need to have title transferred to the owner under the name that matches his ID before I could notarize the signer.
I would appreciate feedback on how others interpret the notary law in a case like this.

Reply by MikeC/TX on 3/28/12 5:41pm
Msg #416376

Technically, from a notary standpoint, the docs don't have to match the ID - what has to match is your notarization and the ID. CA doesn't seem to give you much wiggle room with that. So even if he took title as Robert Smith but his ID says Robert Smith Jones, your notarization has to show Robert Smith Jones.

If the TC or lender is not happy with that, they have the option of either having him execute a quit claim deed to change the name on the title, or having him execute an AKA affidavit. As a notary, your hands are pretty much tied due to your state's ID requirements, so I don't see any options for you.

And if they insist that you do it their way, you should politely inform them that under CA law it is illegal for them to even ask you to do so.

Reply by JanetK_CA on 3/28/12 7:35pm
Msg #416399

Please don't judge CA law based on comments here. As Lisa said below, there is nothing in CA law that specifies one way or another how to interpret what is on an ID OR what needs to go into the certificate. Most of us choose to only put into a certificate what can be proved to us, since by signing it, we're certifying "under penalty of perjury" that it is true.

I think a dose of common sense is also in order. I would have no problem accepting an ID that has Juan Garcia Gomez for docs with the name as Juan Garcia, as I know that Gomez is likely the mother's family name. Now if it really WAS Smith, that might have me asking for a little more corroboration, since name conventions vary by culture and nationality. It's probably a good idea for us to try to be as familiar with these things as possible in our line of work, especially in diverse areas - which probably includes the whole USA these days.

Reply by LKT/CA on 3/28/12 7:12pm
Msg #416391

NO, the docs and ID do not have to match *exactly*. There is no CA law that specifically addresses this but what is taught is that there should be more names on the ID than the paperwork. It is reasonable to believe that Robert Smith Jones (on ID) is the same as Robert Smith (on paperwork) but Robert Smith (on ID) is questionable (TO ME) as Robert Smith Jones (on paperwork).

Many notaries, in CA and other states, disagree with this "teaching" and it is one of the subject matters discussed here that always is strongly debated. IMHO, it is an excellent guideline to follow that helps reduce fraud.

In your specific example, I would have completed the signing. There were more names on the ID than the paperwork.

Reply by Trish Eastland on 3/29/12 11:29am
Msg #416465

The rule is the ID must have as much, or more than the name on the docs. Your clients ID was fine.

Reply by FlaNotary2 on 3/29/12 12:17pm
Msg #416470

Really, Trish? What law says that? Oh, that's right - NONE n/m

Reply by MW/VA on 3/29/12 1:28pm
Msg #416480

She said "rule", not "law". I think it's a common

misconception that "more is better than less" I think it's been discussed on the forum before, and I believe some are picking that up in classes they are being taught.

Reply by JanetK_CA on 3/29/12 2:50pm
Msg #416492

You're absolutely right.

And most of us - at least older generations - were taught to believe that if the teacher says it's so, it must be true.

Actually, the way you put it, that "more is better than less", I would agree that's a very good guideline. But that's different, IMO, than saying "more not less" as an absolute, especially if we're talking about a middle initial, for example.

As in all things related to our function, a good dose of all-too-uncommon "common sense" is an important item to have in our tool box.

Reply by Harry Feiler on 3/29/12 3:07pm
Msg #416497

Thanks all for your input

I appreciate other's perspectives. I have been a notary for 16 years, and I try to follow the law 100%. However: California civil code Sect. 1185(b) says "For the purposes of this section "satifactory evidence" means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is the individual who is described in and who executed the document"
In other words, it really is up to us to use common sense. I called the Secretary of State's office to ask this question, hoping for some resolution, and the answer was basically "We don't make the laws, and can't tell you what you should do." Congress makes the laws, and it would be a judge who ultimately would make that determination.
So had I done the signing, I would not have lost a client (they thought I should have just done it).
The real question for each of us is, I suppose, how much risk are we willing to take, even when we think we are right, vs the risk of ending up in court someday. I have always erred on the side of caution. But in a case like this, I may have to rethink this.