Posted by sigtogo/OR on 2/6/13 8:36pm
Msg #454387

opinions please!! another signature issue: Sue Zang on DL

passport has Sue C J Zang (not real names for those concerned) docs have Sue Chin Juy Zang. aargh!
Name/sig affs have nothing. what to do?

Reply by sigtogo/OR on 2/6/13 8:39pm
Msg #454389

oops! theres more.

borrowers haven't been know my their Chinese name since coming to the state years ago but for some reason their names ended up this way on title. how did they get notarized to buy the place? BO says noone ever asked before when ID and docs didn't match!

Reply by MW/VA on 2/6/13 8:49pm
Msg #454393

Names will always be on docs as vested on title. Only a QCD

or similar deed can change names. ID & docs don't have to match exactly. The notary needs to be satisfied that the person is who they're supposed to be. I hate these "exact match" interpretations.

Reply by sigtogo/OR on 2/6/13 9:07pm
Msg #454407

its not the exact match that is the issue here really-

I just can't say that her full name is Sue Chin Juy Zang when all I have is Sue C J Zang on a passport and ony Sue Zang on DL

Reply by CarolF/NC on 2/6/13 8:44pm
Msg #454391

NC is not that particular. I could probably do this if photo looks like person and signatures. We use the "what is reasonable rule" of identification and may use alternative means to ID. Can you use a birth certificate or other ID for the middle names if needed in OR? Just wondering. Then I add whatever names I use for collateral ID to the name affidavit.

Reply by Linda_H/FL on 2/6/13 8:50pm
Msg #454394

I could use passport here for main ID with

'Personally appeared Sue C J Zang who represented to me that she took title as Sue Chin Juy Zang and presented a <country> passport in the name of Sue C J Zang as identification."

Can you accept that passport. Is it a US passport or, if foreign, is it acceptable in your state?

Reply by sigtogo/OR on 2/6/13 9:05pm
Msg #454404

interesting, but would Chase accept?

are you saying you would put that entire verbiage in your certs or just on a sig/name aff?

Reply by Linda_H/FL on 2/6/13 9:11pm
Msg #454409

No..here in FL that's the language we use when there's

a discrepancy in names such as your situation. It's in our handbook. Signature/Name Affidavit has nothing to do with it.

If it were me doing that signing down here, it's not up to Chase whether they can accept it or not - it's notary law and procedure.

Reply by LMS on 2/6/13 9:38pm
Msg #454421

In Oregon, we can not put anything in our acks/jurats that is not on the ID. When I get this kind of thing, I call title and let them know, that I cannot notarize his/her signature as stated on the docs, he/she can sign that way, but I can only put what is actually on the ID. Then it's their call to accept that or redraw and do a quit claim. You also, cannot use two forms of ID to make one name. Sometimes, it's a major pain in the butt!! I've talked to the SOS about this many times and had title companies call them, so they would know, I knew what I was talking about. Your welcome to call me and I can go more in depth on what they've told me, if you like. :>)

Reply by sigtogo/OR on 2/6/13 11:40pm
Msg #454450

I agree LMS and notified SS of that. Title is in HI and

unreachable at 4pm their time. You would think the LO could have been reached but evidently not, so looks like another delayed signing. Is it the moon? this has been the most unusual week for me with delays, bizarre requests, car breakdown. aargh!!

Reply by SharonMN on 2/7/13 10:22am
Msg #454504

>>>You also, cannot use two forms of ID to make one name.

This is state specific. I can in Minnesota.

Reply by Bear900/CA on 2/6/13 9:58pm
Msg #454425

Oregon SOS: "Make a careful identification of the signer." - doesn't translate to identcal (middle intial vs full middle name) match.

CA SOS: "Identity of the signer can be established by the notary public’s reasonable reliance on the presentation of any one of the following documents,"

Yet, CA is tighter because we cannot use personal knowledge like you can in OR.

I sign these all day long then go for Asian food at night.

Reply by Jodith/WA on 2/6/13 10:32pm
Msg #454434

Personally, I prefer to go for a stricter interpretation of ID laws. I won't notarize if I don't have some kind of ID with the names on them. I have used a combination of photo ids and birth or marriage certificates to satisfy myself that this person is the person on the documents. I've had a couple of cases like this, and one exactly like this with an Indian gentlemen. I had his attorney calling me trying to convince me to notarize the documents as is. My case was a little more unclear because the first name on all of his ID was Bobby and on all of his documents was Baltinder. Don't know how he got a passport in the name of Bobby without legally changing his name, but he did.

I finally got permission from Title to correct the name on the documents to Bobby.

Remember, when you are notarizing, you not only have to satisfy title and the lender, but satisfy the law as well, because if the law isn't satisfied, it's not a legal notarization.

Reply by LMS on 2/6/13 11:09pm
Msg #454440

Sorry Bear, but what the SOS tells me and have told me numerous times and also not by just one person, is if it's not on the ID, you CANNOT include in your acknowledgement. Our laws changed awhile back and became ALOT more stringent, than they used to be. Feel free to go have all the Asian food you want, but I will follow the laws of my state.

Reply by Bear900/CA on 2/6/13 11:41pm
Msg #454451

Okie-dokie - good to know. I haven't seen any other CA notaries weigh in but this was for OR.

Reply by docs2go/ca on 2/7/13 1:10am
Msg #454465

A good conversation!
My understanding is that if the name is not on the required ID,
it cannot be included on the Acknowledgment or Jurat.

Reply by VT_Syrup on 2/7/13 10:02am
Msg #454502

I think it is very poor policy for a secretary of state to issue surprising restrictions by way of phone calls, individual letters, or individual emails, but not post those restrictions for all to see in the state's notary manual. If my SOS did that I'd be knocking on doors before the next election telling my neighbors to vote for the other guy.

Reply by CarolF/NC on 2/7/13 1:22am
Msg #454470

Laws obviously vary by state. Best to know your laws. n/m