Posted by Teresa/FL on 1/17/13 11:02am
Msg #450801
The NNA is at it again
More mis-information, this time about Florida. This is from their weekly newsletter and highlights a question called in to their hotline.
"We have a client who will be signing a deed that will transfer her property from herself, as an unmarried woman, to herself and her new husband, using her new, married name. Her current ID contains her new name, which she will be using for the signing, and she does not have an ID containing her previous, maiden name. Should the signature block on the deed be prepared for her current name, and, if so, can I use “FKA” (formerly known as) to indicate her maiden name on the document as well? –B.C., Tampa, FL
Since in this case the grantor having her signature notarized is the unmarried woman, she will have to present satisfactory evidence of her identity in her unmarried name to the Notary. If she does not have a current state-approved identification document in this name, she will have to have a credible witness or witnesses who know her in her unmarried name identify her to the Notary following F.S. 117.05(5)(b)(1). Using the woman’s ID issued in her married name will not be acceptable.
As a Notary, you cannot tell a person how to sign a document, nor can you advise him or her on how the name should appear on the document. Any direction to modify the signature block with an “FKA” (formerly known as) should be followed only at the recommendation of a title or escrow officer or attorney involved with the transaction. For more information on this topic, the NNA has created a webinar addressing what to do when names on signer IDs and documents don’t match, which you might find helpful.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes.– The Editors"
I don't disagree with the statement regarding using the FKA only at the recommendation of a title or escrow officer or attorney, but the credible witness recommendation is ludicrous for this situation, IMO. From the wording of this question, it appears to me that this question is being posed by someone who is preparing the document, possibly a title or escrow company officer. Why someone in this position would be relying upon the NNA for document preparation advice is another issue.
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Reply by Marian_in_CA on 1/17/13 12:05pm
Msg #450829
"As a Notary, you cannot tell a person how to sign a document, nor can you advise him or her on how the name should appear on the document. Any direction to modify the signature block with an “FKA” (formerly known as) should be followed only at the recommendation of a title or escrow officer or attorney involved with the transaction."
Well, at least they got that part right. I do think this is a big problem with a lot of notaries... they take it upon themselves to tell people how to sign their names from the wrong perspective.
I never ever do that, and I make it really clear. I will show them written instructions from the lender/escrow/etc. asking them to do something, so that it is clearly coming from the requesting entity and not ME. I hear way too often from people who think what the notary says is equivalent to the word of a judge. Unless it is NOTARY law that we can back up with code or written counsel from our state authorities, we have to be really careful about how we direct people to complete their documents... any misstep could be perceived by them as us giving them legal advice, which we aren't allowed to do (unless, you know, we're actually lawyers... and even then you should know when to keep your mouth shut).
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