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Notarizing "Gail Smith AKA Gail G Smith"

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T O P I C R E V I E W
edelske	Posted - 08/19/2007 : 06:14:03 AM I refused the job. It was preprinted all thruout the package with an AKA as part of the notary section. My reasoning was that each person has ONE legal name and that is what they get notarized after showing the appropriate ID. ONE name per person, so I declined the job. BUT - the situation intrgued me - hmmmm - so I asked the chief clerk in New York County. Answer: I can notarize "Gail Smith AKA Gail G Smith" if she provides valid photo ID for BOTH names !! Thus a lesson was learned by this notary, and a fee was lost. (sigh)
7 L A T E S T R E P L I E S (Newest First)
n/a	Posted - 01/08/2008 : 10:39:05 AM Do you charge more for an AKA signing? I have found that it takes longer for an AKA signing than it does to close a transaction with two borrowers. Your practices and experiences?
LindaH	Posted - 08/20/2007 : 03:58:34 AM quote: Originally posted by Renee Linda - just occurs to me, are you asking about what I would allow in the notarial cert? In the example given, since she has provided me satisfactory evidence that she IS both Gail G. Smith and Gail Smith, I would not have any reason to refuse to include both names in my cert, although I wouldn't do it that way of my own accord. If the title or lender had absolutely insisted that they 'need' it that way - I would think it a quirk on their part, but I can't think of any reason to deny them this. Indeed, if the situation were that ID said "Gail Smith", she could SIGN w/ the a/k/a, but my cert would ONLY state "Gail Smith". Yes....I think the ID was adequate to get the job done. IMO Linda http://www.notarydepot.com/notary/lindah
Renee	Posted - 08/20/2007 : 01:54:44 AM I do agree, Bobbi, that nobody should ever base any notarial action on advice from anywhere BUT their own statutes, SOS, or whomever provides their legal guidance. The statutes in my state of MI are the basis of my conversation in this discussion ... and that's all this is, is a discussion and NOT intended as legal advice. I have already discussed and have a written 'advisory' (informal, but written) from my own SOS regarding the whole 'more but not less' standard. MI is like a lot of other states (I've read a lot of the different state's statutes) that require ID to be to the notary's "satisfaction", on the "basis" of current, gov't issued ID. Key words/points are that the ID is the "Basis", NOT the end-all - it is the foundation upon which my own satisfaction is to be established. Anyone in MI who is interested in reading that advisory can view it at the unitednotaries.org site, under the MI Chapter file. Or - yell loud enough for me to hear you, and I'll send a copy.
BobbiCT	Posted - 08/19/2007 : 10:58:41 PM " I asked the chief clerk in New York County. Answer: I can notarize "Gail Smith AKA Gail G Smith" if she provides valid photo ID for BOTH names !!" 1. Follow your state written laws. Do not risk following the "verbal advice" from anyone who is not a) affiliated with your state commissioning office and b) isn't an attorney or someone in your state commissioning office who has the "authority" to interpret the written law. If you do notarize, document who, title, when and what that person advised you to do. 2. Think 9/11. I would be very suspicious of anyone who came to me and showed me TWO forms of identification in TWO difference names, all of which are current. For example, Gail Smith and Gail G. Smith had two current photo drivers licenses? (CT DMV takes the old one away in order to get a new DL in a different name.) What would you do if she had TWO sets of identification in two different names with two different addresses? Even "professionals" who use stage names generally show one set of ID documents in their "legal" name. 3. Depending on my comfort level, I may ID the individual in one name ... which is the real name that you use? ... in the notarization block. State laws and circumstances are individually different. The situation you describe is one notartization fee I would NOT mind losing. My motto: I would rather be sued for something I refused to notarize than something I "fudged" when I was unsure of my state laws. Not legal opinion or advise, just my conservative view.
Renee	Posted - 08/19/2007 : 7:35:31 PM Linda - just occurs to me, are you asking about what I would allow in the notarial cert? In the example given, since she has provided me satisfactory evidence that she IS both Gail G. Smith and Gail Smith, I would not have any reason to refuse to include both names in my cert, although I wouldn't do it that way of my own accord. If the title or lender had absolutely insisted that they 'need' it that way - I would think it a quirk on their part, but I can't think of any reason to deny them this. Indeed, if the situation were that ID said "Gail Smith", she could SIGN w/ the a/k/a, but my cert would ONLY state "Gail Smith".
Renee	Posted - 08/19/2007 : 7:26:02 PM If Gail G. Smith provided satisfactory evidence of being Gail G. Smith, then I would find that same evidence to be satisfactory that she is also Gail Smith, G. Smith, or G. G. Smith.
LindaH	Posted - 08/19/2007 : 06:53:10 AM Could you have done this (and let's see if I can get it straight!!) - Gail G. Smith in front of you with ID for Gail G. Smith - signs Gail Smith a/k/a Gail G. Smith throughout the package - your certs read "Subscribed and sworn to.." or "Acknowledged by.." Gail G. Smith (no mention of a/k/a - cross out the a/k/a part)..would that have worked for you? You have Gail G. Smith in front of you with matching ID... And as I've said before - unless the Clerk is my SOS I'd hesitate to take the recording clerk's word as to how I can notarize anything. JMHO Linda http://www.notarydepot.com/notary/lindah