Posted by Smug/Fl on 3/1/13 10:33pm
Msg #458868

ID question

D/L says Mary Smith Jones, Dox have Mary Beth Jones. Smith is borrowers maiden name. Call title and lender and let them know I have to ID her as per D/L in my Notary ACK. Lender calls back and says ok, but have here sign a letter saying why D/L has Smith on it. Title says name on dox cannot be changed to match D/L. Will the Mortg. even record when they see two different names.

Reply by CJ on 3/2/13 12:35am
Msg #458875

Mary Jones owns the property and needs to be ID'd. You have Mary Smith in front of you. You don't have the power to change the names on the docs. End of signing. (In my opinion, title should have caught this long before now.)

Reply by Edward Cooke on 3/2/13 6:57am
Msg #458887

If this is for a Louisiana property then the name is correct. The dox must be drawn using the given names. (LRS 35:12 (A)(1) & (A) (2). So if married Jane Mary Smith is correct, not Jane Doe Smith regardless of the name on the DL.

Reply by jba/fl on 3/2/13 12:26pm
Msg #458922

Both you and CJ got the info all wrong.


Mary Smith Jones is DL; Mary Beth Jones is on title.

Florida likes to put Mary Beth Smith's new married name as Mary Smith Jones, which leaves a chain of identity to follow. Mary Beth decided that she likes her middle name so kept it for a lot of her identity.

She needs to be: Mary Smith Jones who took title as (WTTA) Mary Beth Jones on your certs.

Reply by jba/fl on 3/2/13 12:32pm
Msg #458923

And now, Theresa, I read page 61, but I do have PAW'.

s notes which show my example.

Reply by Barb25 on 3/2/13 2:55pm
Msg #458934

Re: And now, Theresa, I read page 61, but I do have PAW'.

Still has to sign both ways if you are going to use page 61 as supporting material.

Reply by Teresa/FL on 3/2/13 7:47pm
Msg #458962

Unless you check with the TC, you don't necessarily know how

she took title, so I wouldn't use WTTA in my certs unless that can be verifed.

Many times I have received docs where the names on the docs do not match how title was originally held OR how title is currently held. Although that information should be in the preliminary title report that is supplied to the lender, that doesn't mean they look at that detail and draw the docs that way. Sometimes the docs are drawn to show the names as they appear on the 1003, which can be different from how the names are or were shown on title.

Reply by Linda_H/FL on 3/2/13 9:28pm
Msg #458967

Re: Unless you check with the TC, you don't necessarily know how

"Sometimes the docs are drawn to show the names as they appear on the 1003, which can be different from how the names are or were shown on title."

Which, IMO, is a lender and/or title company that's too lazy to do it right. In all my 25 years in real estate, docs are always drawn as title is held - and any variations since original taking of title should be included in that title search. If they're not, someone along the way didn't do their job. Docs were NEVER drawn based on what's on the 1003.

JMO

Reply by Teresa/FL on 3/3/13 1:14am
Msg #458979

Re: Unless you check with the TC, you don't necessarily know how

I've had some issues recently with docs that were drawn incorrectly (not matching names on title).

One last week had the names right on the title docs but the lender docs showed a different name variation. I questioned it and the lender redrew the docs to match the title docs.

Why didn't the TC catch this before sending everything on to me? Probably too busy to do a cursory QC of the docs. They assume someone at the lender is reading the preliminary title report and verifying names on title against the 1003 and copies of ID received with the initial application.

Reply by VT_Syrup on 3/2/13 5:58am
Msg #458884

I thought Florida had a neat trick where you could say something like "personally appeared Mary Smith Jones who represented to me that she is known as Mary Beth Jones". Check your manual. Or get credible witnesses.

Reply by Brenda/FL on 3/2/13 7:38am
Msg #458888

I always ask for supporting documentation of name on docs if different than name on DL, soc sec card, marriage license, etc. Then, as VT Syrup stated, put that in your notarial certificate. It is covered in the Governor's Reference Manual.

Reply by Teresa/FL on 3/2/13 7:41am
Msg #458889

If she is signing "Mary Beth Jones" but her ID shows "Mary Smith Jones" my acknowledgement would read:

Mary Beth Jones, who produced FL DL in the name Mary Smith Jones as identification, and respresented to me she is known as Mary Beth Jones.

Check page 61 of the FL Notary Handbook.

Reply by Smug/Fl on 3/2/13 8:08am
Msg #458890

I was afraid I would have to add all that extra wording, Its a RM and just a lot of extra paperwork. Oh well drink my coffee and start writing. Thanks

Reply by jba/fl on 3/2/13 12:34pm
Msg #458925

Type up your acks & Jurats, attach. Save you time. n/m

Reply by Barb25 on 3/2/13 10:59am
Msg #458909

This does not apply here. The last name is not in question. If it did apply she woul have to sign both ways. I just re-read that myself recently. I would just get some other I'D and note it in my journal as backup. Mind you I said that is what I would do and what I have done as I have thought most appropriate. If I get dragged into court I will explain my reasoning. But I can only imagine this will happen if she is not who she says she is.

Reply by Teresa/FL on 3/2/13 7:42pm
Msg #458961

Barb, it's the same basic principle

I realize the last name was not in question, but the name on the ID was different than on the docs. The example I gave is how I deal with the middle name on the ID shown as the former maiden name vs. the woman's given middle name as is often shown on the docs.

When the last names differ, I do have them sign both names as is recommended on page 61 of the manual.

Reply by Barb25 on 3/3/13 4:07pm
Msg #459038

Re: Barb, it's the same basic principle

I suppose it is. I image it is about diligence. I cannot help but feel that the ID situation is out of hand and that we are getting to the point that we are more concerned with the technicalities of the ID than the point of the ID. As long as I have a DL with the name that proves to me that it is the borrower and some corroboration that explains any "minor" difference, I'm good. There is a Name aff. I think we need to remember the purpose of the ID. My DL Has a first name, middle initial, last married name, current married name. Hopefully if I had to sign with middle name "Ann" somebody would take pity that there was just no room on the DL or it would have been the size of a license plate.

Reply by desktopfull on 3/2/13 10:38am
Msg #458906

I usually get a copy of the marriage license, it shows the middle & maiden names. You really need to check your driver's license when they give it to you to make sure that the DMV haven't changed your name here in FL. They tried to put my maiden name as my middle name and I made them put my middle initial back on my license and drop the maiden name. It took getting a supervisor over to the counter, but they remade the license with the name I use. There's no statute requiring your maiden name to replace your middle name on your license in FL. The DMV gets away with it when you don't challenge them or worse don't even look at the license when they hand it to you.

Reply by Barb25 on 3/2/13 11:47am
Msg #458914

They wouldn't let me change mine until I went to social security first

Reply by Eric Andrist on 3/3/13 4:24pm
Msg #459044

I'm thinking in California we'd have to get credible witnesses, no?