Posted by PegiT_MN on 9/4/13 12:24pm
Msg #483165

Signing Today....Borrower Misplaced Drivers License....Help!

Signing today at 5:00 p.m. and borrower has lost her drivers license at the state fair this weekend. The first thing I asked her was if she had a passport....and no she does not have one.

Okay....so what would be an acceptable form of identification I can use for her......and we all know the lender is going to just say it's okay to take any ol' kind of id cuz they want the loan to fund.

I've never had this before.......what should I accept? She says she has a work badge with her picture on it.

Thank you for your assistance.

Reply by anotaryinva on 9/4/13 12:30pm
Msg #483167

What does your SOS say?

Does she have time to head down to her dmv to get a replacement?

Reply by jba/fl on 9/4/13 12:32pm
Msg #483168

Re: What does your SOS say?

More importantly, will she head down to her dmv to get a replacement.

Reply by jba/fl on 9/4/13 12:33pm
Msg #483169

Re: What does your SOS say?

Too fast: Can you use credible witnesses in your state?

Reply by Sylvia_FL on 9/4/13 12:38pm
Msg #483170

According to your very sparse notary handbook you just need an ID with their signature on it:

1.Screen the Signer: You should always screen the signer. Ensure that the person or persons signing the document(s) are who they say they are. Ask for an I.D. with their signature to verify who they are. Personal Appearance by all individual(s) requesting notarization is required at the time of notarization in ALL instances. Determine Willingness - Make sure the signer is not being forced to sign the document. If you suspect coercion, it is best to refuse to notarize. Determine Awareness - Do not notarize the document if you have a reasonable belief that the person signing the document is not aware of the significance of the transaction. Determine Identity - You must have satisfactory evidence that a person is the individual whose true signature is on the document.

https://notary.sos.state.mn.us/

Reply by VT_Syrup on 9/4/13 12:41pm
Msg #483172

I notice your state notary website isn't too helpful; it says slightly different things in different places. In the FAQs it mentions ID should have the signers signature on it; many work IDs do not have that.

It seems your state requires that a credible witness not only know the signer, but be personally known to the notary. So unless you have a mutual friend, that won't work.

Not all lenders are casual about ID; some are pretty strict. So even if you find something that convinces you, it might not be good enough for the lender or title company.

I once used a fishing license as secondary ID. It's issued under the authority of the state, and has the holder's signature, height, and weight, and address.

Reply by PegiT_MN on 9/4/13 12:50pm
Msg #483174

Thank you everyone for your quick responses.

Duh......I called the Minnesota SOS and asked them what I should do. They aren't much help but she did tell me that Minnesota has no rules regarding identification. She said that as long as I feel comfortable that the person is who they say they are, I can notarize their signature. Yikes......are you kidding me? I had originally asked the borrower if she had a copy of an old drivers license that had expired less than five years ago and I was going to have her go to the DMV and get the yellow slip. As it turns out, the borrower called me back and she was able to locate her expired drivers license from two months ago and she is running to the DMV to get the replacement so we will have the yellow slip with the current numbers on it. I called the title company and they called the lender and all is well.

Thank you again everyone! Hopefully it will be a smooth signing today.

Reply by anotaryinva on 9/4/13 1:00pm
Msg #483178

Re: Thank you everyone for your quick responses.

Glad it's going to work out! Seems you are getting your fair share of complicated orders this week! What ever happened to the man whose deceased spouse was on title-did you go or did it reschedule?
Msg #482782

Reply by GOLDGIRL/CA on 9/4/13 7:30pm
Msg #483232

Yikes is right!!

<<She (SOS) said that as long as I feel comfortable that the person is who they say they are, I can notarize their signature.>>

Might as well send the Avon lady if all that matters is that the notary "feel comfortable." Kinda like buying a mattress: "Does it 'feel comfortable,' honey?" I always thought that a notary had a special responsibility to a large extent to properly ID the person signing... but apparently not in MN. "Yes, your honor, I was comfortable that Susie Q. was who she said she was. Sorry to hear she was actually Charlotte W., but that's not really my job, according to the SOS. My job is only to 'feel comfortable.' "

Actually, I kinda like MN ID requirements, takes a lot of pressure off. Seriously!

Reply by walthtz on 9/4/13 12:53pm
Msg #483175

It would depend on your state laws.
When this has happened to me, I have called the Title Company, Lender, etc & asked for direction.
In NJ, The signer can go to the DMV & get a Duplicate License or a State ID card.
A couple of times the company has left the decision up to me, Other times the BR was required to get the ID.

walt

Reply by Julie/MI on 9/4/13 2:55pm
Msg #483192

I like MN's notary rules!

Short but sweet from Sylvia's post.

Right to the point, and the public is served. Well done in MN.

I bigger handbook doesn't make a better notary.

Very reasonable.

Reply by Darlin_AL on 9/4/13 3:13pm
Msg #483198

Re: I like MN's notary rules!

AL law is the same, but for a loan situation, the lender is the party requiring certain photo id for the Patriot Act ID form(s), most of the time. Sometimes not at all if the borrowers are refinancing an existing loan w/same lender. but then the TC steps in with some sort of id verification by the notary.