Posted by Eric Andrist on 10/27/13 2:28pm
Msg #489927
First time with an AKA
I just got a call to notarize a quitclaim deed that has an aka on it. Not sure what to do as I've not come across this before.
The deed says Karen Morales aka Karen Rolejas, her ID says Karen Rolejas.
What is the protocol for that in California?
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Reply by 101livescan on 10/27/13 2:30pm
Msg #489929
Karen should sign exactly the same way, Karen Morales aka Karen Rolejas. Happens occasionally, or you might see,
who took title as.....
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Reply by Eric Andrist on 10/27/13 2:32pm
Msg #489930
But her ID doesn't reflect Karen Morales, so how can I notarize that?
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Reply by 101livescan on 10/27/13 2:42pm
Msg #489931
This is a title/escrow decision on how to show title and confirm her ID. Perhaps they have some confirming paperwork. Does her ID photo/physical description for Karen Rojales look like her? If you want clarification, call title/escrow.
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Reply by Eric Andrist on 10/27/13 2:46pm
Msg #489932
I have not met with these people yet. They called to make an appointment and gave me the information on the quitclaim deed and ID. I'm not sure they're working with a title company.
I was just concerned that since it lists a name that is not on the ID, I can't accept it written that way. It also seems like the 'aka' might be a capacity.
I would think the deed would have to only have her ID name on it, and not the other as I wouldn't be able to verify that the other name is actually her.
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Reply by Linda_H/FL on 10/27/13 3:01pm
Msg #489934
She signs as indicated on the document
Karen Morales a/k/a Karen Rolejas -
Your cert cites Karen Rolejas only - don't believe you can do a/k/a's in your certs in CA so your cert cites the person standing in front of you with the ID - Karen Rolejas.
JMO
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Reply by JanetK_CA on 10/27/13 3:17pm
Msg #489936
"I would think the deed would have to only have her ID name on it, and not the other as I wouldn't be able to verify that the other name is actually her."
You aren't concerned with what the Deed says, beyond confirming that you have the right person signing. You only need to worry about what goes into the notary certificate, and that should only be the name on the ID, imo. (CA law doesn't get into these kinds of specifics.) Also, there's a big difference between how you have her sign the document and what you put in the notary certificate, so I agree that she should sign the full name as typed.
In this example, she is only proving that she is the AKA, not the person who originally took title. This kind of a situation is dicey, and I always hate it when I run into it. But the only "protocol" I can think of that relates to this has to do with the fact that we are just notarizing a signature and not responsible for the contents of the document, although as I said, we're supposed to prove that the person signing is the same one as is named in the document. But as Cheryl alluded to, title has already made that determination, and as the company insuring title, they have a lot at stake if they're wrong.
Like you, as a California notary, I'm never comfortable including an AKA in a notary certificate, so I don't do it - even if both versions are covered in the ID presented, but especially when they are not.
[BTW, I'm going to assume (hope?) you're using made-up names here and not the real borrower's name(s) to protect her privacy...]
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Reply by LKT/CA on 10/27/13 3:18pm
Msg #489937
Your cert has ID name....and
ID name must be on the doc. Example: Doc says Jane E. Doe A.K.A. Jane E. Jones. The ID must have ONE of the names on it...either Jane E. Doe or Jane E. Jones.
If the ID has Jane E. Jones, then the doc has to have it and that's what goes in the notarial cert. If the ID has Jane E. Doe, then the doc must have that and that's what goes in the cert.
Bottom line: The quitclaim deed can have 102 names in it - it doesn't matter. As long as the ID has one of those names from the doc, the name from the ID goes in the notarial cert.
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Reply by Yoli/CA on 10/27/13 3:25pm
Msg #489938
LKT/CA is correct ... had this scenario before n/m
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Reply by MW/VA on 10/27/13 6:32pm
Msg #489952
I'm hoping you didn't use the client n/m
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Reply by MW/VA on 10/27/13 6:33pm
Msg #489953
the client's real name here. n/m
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Reply by Eric Andrist on 10/28/13 9:31am
Msg #489980
Re: no, I drastically changed spelling. n/m
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Reply by Eric Andrist on 10/28/13 9:36am
Msg #489982
Re: FYI
Thanks for the info.
However, I'm still a little unsure as to what to do. I sent an email to my notary instructor, but have not heard back yet.
Between here and the notary group on LinkedIn, I've gotten differing answers. Some say to have her sign with the aka included, some say not to. Some say to verify the first name, some say the second name.
To me, when using the aka, it sort of becomes one person identity, like this: Farrah Fawcett AKA Farrah Fawcett-Majors. The first name is the one they're using for the document, and then they're showing that the person also goes by another name. So, I'm not sure why I'd only verify the second name. If I verify only the first name, the AKA is still an unknown.
I assume they use an AKA when there might be other documents reflecting that name. So it seems like they're asking me to notarize the entire name, including the aka. No?
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Reply by Clem/CA on 10/28/13 10:33am
Msg #489989
Re: FYI
Notarize to the ID, simple
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Reply by Eric Andrist on 10/28/13 11:02am
Msg #489993
Re: FYI
IS it that simple? There is more to the name on the document than what appears on the ID because of the AKA. To me, that's a problem.
It's not just Mary A. Doe, it's Mary A. Doe AKA Mary A. Buck. Also, the ID is in the AKA name, not the first name which is the name the document is referring to. It's just saying that the other name is a name she's also known as. So I would think, if anything, I'd verify the first name, which does not appear on her ID.
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Reply by Yoli/CA on 10/28/13 11:36am
Msg #489997
To reiterate: n/m
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Reply by Yoli/CA on 10/28/13 11:43am
Msg #489999
Re: To reiterate:
In California, we can only ID a person using certain items (please refer to your Notary Handbook). That same Handbook will also tell you that California notaries do not verify capacity.
Then, let's say the signer hands you a valid driver's license as an ID and the name on that ID appears as (to use your example) Farrah Fawcett. The document to be signed calls for Farrah Fawcett aka Farrah Fawcett-Majors. That document will be signed Farrah Fawcett aka Farrah Fawcett-Majors. HOWEVER - and here lies the big however - your notary certificate will say ONLY "Farrah Fawcett." That is the name on the ID. That is the only name you can verify.
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Reply by Eric Andrist on 10/28/13 1:29pm
Msg #490028
Re: To reiterate:
But why are you considering an AKA a "capacity?"
Capacity is defined as "a specific role or position," like President, Attorney, or chef. An AKA is just another name for an individual.
To me, when using an aka it is adding more information to the name, not unlike adding the entire middle name instead of an initial, or a nickname. It's not denoting their role or position in life or a company.
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Reply by Clem/CA on 10/28/13 11:52am
Msg #490004
Re: FYI
Yep, it's that simple. Not your job to match the ID to the name on the docs. It is your job to Notarize the person in front of you, and that is the person on the ID.
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Reply by LKT/CA on 10/28/13 12:16pm
Msg #490007
Re: FYI
<<<IS it that simple?>>> Yes
<<<There is more to the name on the document than what appears on the ID because of the AKA.>>> Now you are analyzing.
<<<To me, that's a problem.>>> You have *made* it a problem, when it isn't one.
<<<It's not just Mary A. Doe, it's Mary A. Doe AKA Mary A. Buck. Also, the ID is in the AKA name, not the first name which is the name the document is referring to. >>> It doesn't matter what order the names are. IF the ID is ONE of them, you're good to go.
<<<It's just saying that the other name is a name she's also known as. ***So I would think****, if anything, I'd verify the first name, which does not appear on her ID.>>> You are interpreting doc language. Are you an attorney?
If ONE of the names in the doc - whatever order it is in - is on the ID, you can notarize. All that matters is that the person being ID'd is named in the doc. The handbook gives no reference as to "where" the name should be. With that said, if you aren't 100% comfortable notarizing, DON'T. Turn back the job and refer her to someone else. You have been given sage advice by experienced notaries - particularly one (me) who does 95% GNW.
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Reply by Eric Andrist on 10/28/13 1:33pm
Msg #490031
Re: FYI
Yes, and thank you for your sage advice. However, I've been given contradicting information, so who do I listen to.
I did tell them I wouldn't notarize unless the ID matched the name. They were fine with that and changed the deed to match her ID.
I'd just like to know without a doubt, and varying opinions, for the next time I come across this.
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Reply by LKT/CA on 10/28/13 1:46pm
Msg #490034
Re: FYI
<<<However, I've been given contradicting information, so who do I listen to.>>>
The SOS handbook - that's what you'll have to refer to if you're ever held accountable for or challenged (in court).
<<<I'd just like to know without a doubt, and varying opinions, for the next time I come across this.>>>
If after reviewing the SOS handbook, and varying opinions still leave you in doubt, bypass the job. Only you can answer to the SOS (or a judge) as to how and why you notarized in any particular situation. ;-)
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Reply by Eric Andrist on 10/28/13 3:12pm
Msg #490048
Re: AKA not in the SOS handbook.
That I can find. I have the PDF version and did a search for "AKA," and nothing came up.
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