Let's mention a few things about the legal landscape.
Maryland has passed its version of the Revised Uniform Law on Notarial Acts (RULONA). My state has passed a version of this too, and I think the standards for identifying a signer are pretty much the same in both states.
I've read on this forum that in many cases notaries who participate in closings must be licensed as title producers. If you are a lawyer, or title producer, you may have more authority to offer an opinion about how the documents should be than someone who has neither of these qualifications, like me. As a notary, I would not offer any opinion about the best way to deal with the name change, I would just check if the signer is adequately identified for each document. In my view, if one person signs an identity affidavit and a deed, I would not be able to use the identity affidavit to assure me that the name on the deed is correct, or vise versa.
What if the signer is signing the deed with the maiden name but the driver license is in the married name, and there are no credible witnesses available. Could I use the marriage certificate to connect the name on the driver license to the name on the deed? The Maryland notary manual on page 17 says "A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the identity of the individual." There is similar language in the law of my state. But this is more of a stretch than most notaries are used to making. I think I would want to see something more. For example, an expired photo id with the maiden name.
I would not have a problem completing some notarial certificate with the maiden name, and other certificates on different documents with the married name, so long as adequate ID were provided for both names. I see on page 9 of the Maryland notary manual that a notary may continue to use a former name until the notary commission expires. This pretty much disproves any myth that a person can only use one name at a time. |
