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Re: Id and Documents dont match,and I had to leave,,advise pl :)
Posted by camellia/ca of CA on 12/4/10 5:50pm
Msg #363944
Hi Notaries! Thank you so much for all of your feed back! I hate the feeling of walking away from a signing ,and I feel bad for the borrowers that they could not get there documents signed,
but after reading the California handbook again about using two credible witnesses ,California is definitely more complex and requires the credible witnesses to swear or affirm five facts. 1. The individual appearing before the notary public as the signer of the document is the
person named in the document;
2. The credible witness personally knows the signer;
3. The credible witness reasonably believes that the circumstances of the signer are
such that it would be very difficult or impossible for the signer to obtain another form of
identification;
4. The signer does not possess any of the identification documents authorized by law to
establish the signer’s identity; and
5. The credible witness does not have a financial interest and is not named in the document
signed.
My understanding is an credible witness is an individual who vouches for the identity of a document signer who is with out identifying documents. In this case the signer does have identifying documents, an ID and a Passport that has her true legal name ,it is just that the name does not match the one on the loan docs and the docs that I have to notarize and I did not feel comfortable saying that Alex appeared before me when I know she is Alejandra, her ID even says so. Another question I had for myself before I decided not to use the cw was: can I really use two credible witnesses to convince me that this person is Alex even though I know she is not? When I called the borrowers to tell them I could not come out today and use two credible witness, they were fine with it and said that they would like it better anyways if the documents showed her correct name. Fortunately the signing company that hired me was actually very understanding and made it clear to me that they did not want me to do something that I was not comfortable with .
Thank you
