Posted by LatteLady/NV on 9/18/13 4:22pm
Msg #484983
2 simple questions
If your notary stamp is not allowed to be placed over printed material, then are you not allowed to place your stamp on lined paper? Like notebook paper?
Question #2: The borrower's name is Nicole. The papers to be notarized say Nicole. Her ID says this spelling Nichole but she signed the ID (drivers license) Nicole. The company knows that she goes by Nicole (not Nichole like her ID). Do you notarize the documents?
| Reply by Darlin_AL on 9/18/13 4:36pm
Msg #484988
Re: 2 simple questions--#2
In AL, yes! Ask to see a bank statement or other id (birth cert, work pass, pay stub, tax return, ss card) that has her as Nicole. Be sure to notate the discrepancy in your journal, and in the id paperwork included in the pkg, and the other id you used to satisfy you that she's Nicole. That she signed is as Nichole w/out the h may cover you in itself, but I would want to see something additionally.
| Reply by Marian_in_CA on 9/18/13 4:51pm
Msg #484989
My answer to #1 would be probably not... only because the reason for the rule is so that your seal is completely legible and, if reproduced can be seen. Now, some lined paper has certain hues of ink that don't show up on a fax or photocopy. Things is, there's no guarantee that's the case. I think it's best to just avoid it all together and use a blank certificate attached.
If it's something handwritten, perhaps offer them some blank, white paper instead?
As for #2? That totally depends on your state's rules.
| Reply by CaNotary777 on 9/18/13 5:13pm
Msg #484996
Marian what about CA?
Would you have notarized Nichole as Nicole. I know the laws in CA rely on the notary ( if he/ she is satisfied with the identification produced) to make the call.
But if a notary is grilled by authorities in the future and asked what made him/her accept Nichole as Nicole what would be the answer?
I have often refused to notarize John Borrower Sr. if his DL had just "John Borrower" on it and he didn't have any other document to prove that hew was John Borrower Sr.
I rely on the old CA notary tradition--- that DL ( or the identifying doc) can have MORE but never less than the name that appears on the document.
I would appreciate your input on this Marian. Thank you very much 
| Reply by LKT/CA on 9/18/13 6:50pm
Msg #485023
I'm not Marian, however....
I agree with you that more on the ID is better than more on the paperwork - regardless of any law or absense of any law thereof.
My philosophy is: John Borrower, Sr. on ID can surely be John Borrower on paperwork. Is it possible that John Borrower on paperwork is possibly John Borrower, Jr. ? Yes, that's possible, however, I can accept that John Borrower on paperwork is in fact John Borrower, Sr. on ID. The door is also open for "others" on paperwork too, such as John Borrower III or John Borrower IV, etc. But I can accept John Borrower, Sr. on ID as the John Borrower referred to on paperwork....and it's not necessary to consider the others.
But in the reverse of John Borrower on ID and John Borrower, Sr. on paperwork. I cannot accept that John Borrower on ID is in fact John Borrower, Sr. on paperwork, because it may not be.
That's how I look at it. Therefore, law or no law....more on the ID than the paperwork can be explained if grilled by authorities.
| Reply by droman_IL on 9/19/13 11:27am
Msg #485114
Re: I had a Jr/Sr closing issue in where Jr was legal but Sr
was 'self-made' (in where he started using it to distinguish from Jr but was not legally Sr.) He had no identification to indicate he was in fact Sr (because legally he wasn't). He signed the name affidavit Sr and his drivers license had his signature as Sr and he signed all documents using Sr, but I completed my notarization as John Borrower (no suffix). Title company was aware of the issue and accepted the notarization without consequence. Sometimes the company preprints the name section to be "John Borrower, aka John Borrower Sr" in which I don't have a problem notarizing because I'm notarizing John Borrower, regardless of any akas.
| Reply by VT_Syrup on 9/19/13 11:44am
Msg #485120
Re: I had a Jr/Sr closing issue in where Jr was legal but Sr
Can you cite any reliable publications to show that suffixes are even part of a person's name in Illinois? If so, can you site any reliable publications to show that one needs to go through a court name change in Illinois, as opposed to just doing it, as is legal in most states?
| Reply by droman_IL on 9/19/13 12:34pm
Msg #485136
Re: I had a Jr/Sr closing issue in where Jr was legal but Sr
Well, I'm a notary, not an attorney. But I can provide this link:
http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_x173.pdf
Any manner of your name which you want to appear on your identification must be in your birth documents. If you want to change it (IE add SR just because you now have a son, or because an LO decided to make you a SR to distinguish you from your son) you must provide identification to link the change to the new information. The only way to get that (acceptable) identification is to make it a legal change.
| Reply by Darlin_AL on 9/19/13 3:12pm
Msg #485194
droman--thank you, that clarifies! n/m
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