Posted by Serina/VT on 10/18/13 5:20am
Msg #488565

ID issue for RM

It seems like I am becoming the RM queen for the north county of VT and today encountered an elderly lady with an expired non-drivers licence ID. This appt was only for the loan app, so nothing needed to be notartized and I was confident she was who she claimed to be. Its going to be VERY difficult for her to get to the motor vehicle dept, but I advised her to do so before the actual loan is ready to be signed. Even if I am SURE she is who she says she is, the TC will insist on a non expired ID. My question is, have any of you dealt with this situation before? I know I could do the credible witness route, but her expired ID is obviously her photo, so its not like I need proof for myself.

Reply by VT_Syrup on 10/18/13 6:48am
Msg #488566

Of course VT has no law on how to ID a person, but the notary manual seems to suggest that a credible witness should be personally known to the notary. The manual does not endorse the idea of one or more credible witnesses who present ID cards but are strangers to the notary.

Reply by VT_Syrup on 10/18/13 11:10am
Msg #488615

ID for RM: Passport

There are a number of different agencies that can accept passport applications, including some (but not all) post offices, county courts, and town clerks. Some of these agencies will be more flexible than others. It's conceivable you might be able to get a town clerk to make a house call, maybe even a county judge.

Reply by Rachel/AL on 10/18/13 11:40am
Msg #488621

In AL I understand it to be someone personally known to the borrower. They can be a witness that the borrower is who they say they are and the witnesses have IDs. Why would the witnesses know the notary?

Reply by VT_Syrup on 10/18/13 12:33pm
Msg #488629

In all states, as far as I have heard, the credible witness (CW) must personally know the signer, and also, the notary must somehow determine who the credible witness is. All the states I know of allow the notary to establish the identity of the CW through the notary's personal knowledge. (Apparently CA requires that the notary examine the CW's paper ID too.) States seem to regard IDing a CW with only paper ID weaker than the notary personally knowing the CW; some states, like CA, require two CWs if the notary doesn't know them and some states don't allow CWs who are strangers to the notary.

Reply by Shoshana/AZ on 10/18/13 7:39am
Msg #488568

Usually the LO takes a copy of the ID. It's the LOs responsibility.

Reply by Ilene C. Seidel on 10/18/13 8:07am
Msg #488573

Maryland doesn't say unexpired id required to id a borrower. I've completed my share of RM's and have had the same problem. I ask for SS/Medicare cards and even if they have a picture id that's expired at least I can id the person with other id's used.

Reply by Ireneky on 10/18/13 8:56am
Msg #488576

I recently ran into this with an elderly lady. It was in the late morning and she lives near the DMV, so I loaded her in my car and took her to get new ID card. Took an extra half hour of my time and everyone was happy. My good deed for the day. The tc was so pleased I got extra $$ doing it.

Reply by jba/fl on 10/18/13 9:31am
Msg #488587

How SWEET of you Irene - as a daughter of one whose ID

expired (who lived on the other side of the US) I would have been so tremendously grateful for your caring. Bless you.

Now that is real Can-Do attitude.

Reply by 101livescan on 10/18/13 10:47am
Msg #488606

Random acts of kindness mean so much

and go a long way...good for you, Irene.

Reply by MW/VA on 10/18/13 7:49pm
Msg #488682

Kudos, Irene. ;-) n/m

Reply by Linda_H/FL on 10/18/13 9:21am
Msg #488580

Do your ID requirements (notary law) call for "current" ID?

What I might have done here is, when sending the app package back, send it with a note making sure to point out that this woman's ID is expired and although this is not a problem at this point, when the final loan closes no notarizations can take place due to the expired ID. Even if you're not contacted for the final signing (which I hope you are) you at least put the lender/lo on notice that this is a potential problem.

At least it would be a potential HUGE problem down here. When things like this occur (anything out of the norm with any signing) I make sure to include notes to title or LO so they have a heads up on it. I also follow these notes up with e-mail notification of the issues.

JMO

Reply by jba/fl on 10/18/13 9:33am
Msg #488589

I do the same. Exercising some common sense is really good, but can only go so far.

I'm still stunned by Irene.