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TGS1985
California
208 Posts |
 Posted - 07/07/2012 : 5:05:43 PM
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quote:
Originally posted by edelske
It's also a problem when the Mortgage notary section reads in the "before me appeared" section:
Mickey Mouse and Minnie Mouse, Husband and Wife
In New York ONLY the name can be notarized, not the marital status. Even if it was allowed there is no way anyone can prove their marital status. Anything shown could have been superseded by a later event.
I can't believe I forgot the the most common one... this is also the case for California.
- Tyler -
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edelske
New York
815 Posts |
Posted - 06/22/2012 : 6:55:53 PM
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It's also a problem when the Mortgage notary section reads in the "before me appeared" section:
Mickey Mouse and Minnie Mouse, Husband and Wife
In New York ONLY the name can be notarized, not the marital status. Even if it was allowed there is no way anyone can prove their marital status. Anything shown could have been superseded by a later event.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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TGS1985
California
208 Posts |
Posted - 05/27/2012 : 6:55:41 PM
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quote:
Originally posted by Melcolbert
I tried to call the "after hours" number for the Title Co., but got voice mail and no call back. Proceeded (incorrectly) to have her sign AKA but realized it was no good and warned them they would probably have to do it over.
Yeeeah. Notarizing AKA on a California Acknowledgement is a big no-no. You can only notarize a person's name and only if name matches their ID. So if they need to sign as John Smith then their ID needs to have at least that on it (it can have more though). And you can only notarize the individual not titles...
"John Smith" - ok
"John Doe A.K.A. John Smith", "John Smith, CEO", "John Smith, Trustee" - all not ok.
This is in regards to CA only though as rule differ by state. Title should have provided a AKA/NAME/SIGNATURE affidavit where the signer would provide signatures to all the names he's been know as, then sign as the name on his current ID which you would and could notarize.
quote:
Originally posted by Dannotary
After 29 yrs at this, I dont fret anymore when ID name doesnt match name on docs. Heres what I do: I have them sign exactly as it appears on the signature line, I notarize in the name that is on the ID only, or less than, never more than or different than, and THEN on the Sig Name Aff, I have them print their name as it is on the ID and sign it that way too. Mas Nada. I have not had them come back doing it this way. If they have a problem, its their problem, not mine. I did what was legal and ethical and the only thing I could do. Not my problem.
Wow, I mean you can do that way if you like but I see that as a potential can of worms. Last month alone I had two signings where I.D.'s didn't match the docs.
The signer was a woman who recently divorced but her driver's licensed still had her married name and she had no other ID. I contacted the Signing Company, who contacted Title and we scheduled another appointment where she could have two witnesses. The company was very understanding and provided me with an additional fee for the second signing.
The 2nd time was this week. One of the signer's legal first name was Jane, but ALL the documents had Janie instead because that was the name her husband gave to Title and the Lender as that what he's always has called his wife. Again I contacted the signing company and after exhausting all alternative (other acceptable ID that had "Janie" or two avaialbe witness) the signing had to be canceled and I will be getting a cancelation fee as a result. Again signing company completely understanding.
My impression is the Signing and Title companies prefer to reschedule to fix the situation so that it can be notarized with the correct legal name than get it signed on that day with the wrong name or have the notarizations be in a different name than the loan docs. In fact I want to say many of my signing company contracts specifically state I CANNOT have the signers cross their names out and put in the correct ones, initalling the change. I have to contact the company and advise them of the situation.
Not saying what you're doing is illegal. You're making sure you're notarizing the name that's on the ID you've been given but my gut just tells me I'd have pissed off title/signing companys on my hands once an issue arises with the loan and they see all the notarizations are in one name and all the loans docs are in another. Ths compaired to a maybe frustrated but appreciative title/signing company that I informed and rescheduled with.
- Tyler -
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Edited by - TGS1985 on 05/28/2012 1:27:51 PM |
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edelske
New York
815 Posts |
Posted - 05/20/2012 : 05:58:34 AM
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quote:
Originally posted by Dannotary
After 29 yrs at this, I dont fret anymore when ID name doesnt match name on docs. Heres what I do: I have them sign exactly as it appears on the signature line, I notarize in the name that is on the ID only, or less than, never more than or different than, and THEN on the Sig Name Aff, I have them print their name as it is on the ID and sign it that way too. Mas Nada. I have not had them come back doing it this way. If they have a problem, its their problem, not mine. I did what was legal and ethical and the only thing I could do. Not my problem.
Dan,
Thus you change the preprinted name (in the notary section) on the mort dot, etc? as necessary?
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
Edited by - edelske on 05/28/2012 5:26:48 PM |
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Dannotary
California
265 Posts |
Posted - 05/20/2012 : 01:01:59 AM
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| After 29 yrs at this, I dont fret anymore when ID name doesnt match name on docs. Heres what I do: I have them sign exactly as it appears on the signature line, I notarize in the name that is on the ID only, or less than, never more than or different than, and THEN on the Sig Name Aff, I have them print their name as it is on the ID and sign it that way too. Mas Nada. I have not had them come back doing it this way. If they have a problem, its their problem, not mine. I did what was legal and ethical and the only thing I could do. Not my problem. |
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Melcolbert
California
21 Posts |
Posted - 03/02/2012 : 3:27:09 PM
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Hi Linda: In my case the docs had "Marianne B. Smith" and the ID has
"Mary Tara Smith". I believe the issue was caused by the old name being on their Trust docs because I got the new docs and some say, "Marianne B. Smith AKA Mary Tara Smith" and some just say "Mary Tara Smith". So of course some of the ones to be notarized have the AKA and I will have to attach certificates that only say Mary Tara Smith since in CA that's the only way I can notarize a name - as per the ID. Now I have a question because there is a different doc instead of Cert of Trust, it is a Preliminary Change of Ownership Report where the Seller is The Smith Family Revocable Living Trust and the Buyer is The Smith Family Revocable Trust. The last part of which is
entitled, Certification and it has a line saying, Signature of Buyer/Transferee (blank) and Name of Buyer/Transferee and typed in there is The Smith Family Revocable Trust. It's unclear to me how, whether, or if the borrowers should sign in that blank! Oh and it gets better, I just reviewed the docs and they have her OLD NAME on the Quit Claim transfer to the NEW NAME on the trust, and they want the OLD NAME notarized which I cannot do since it is no longer her name. Sheesh, do I get subscribing witnesses? makes no sense because it's not her name anymore! I will just attach a loose Cert certifying to her new name except, wait, the name on the docs is the old name AKA the new name. What a mess of mess!And of course it's Friday and the Title Co. is back East....Why me, oh Lord? |
Edited by - Melcolbert on 03/02/2012 5:02:45 PM |
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Melcolbert
California
21 Posts |
Posted - 03/02/2012 : 3:19:15 PM
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quote:
Originally posted by LindaH
I'm sure I've said it before either on this forum or on another but that's part of my standard introductory spiel...I always ask them to read me their ID's so I know I'm not going to have an ID issue. In Florida we have the luxury of adding wording to our certs "Acknowledged (or sworn to) before me by Jane Doe, who represented to me that she took title as Jane Smith, and provided <whatever> in the name Jane Doe as identification". So I always ask because I set my certs up before I leave the house while B's copy is printing...less time at the table.
Wondering what the name discrepancy was for you?
Linda
http://www.columbiacountynotary.webs.com
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LindaH
Florida
1754 Posts |
Posted - 03/01/2012 : 3:45:46 PM
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I'm sure I've said it before either on this forum or on another but that's part of my standard introductory spiel...I always ask them to read me their ID's so I know I'm not going to have an ID issue. In Florida we have the luxury of adding wording to our certs "Acknowledged (or sworn to) before me by Jane Doe, who represented to me that she took title as Jane Smith, and provided <whatever> in the name Jane Doe as identification". So I always ask because I set my certs up before I leave the house while B's copy is printing...less time at the table.
Wondering what the name discrepancy was for you?
Linda
http://www.columbiacountynotary.webs.com |
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Melcolbert
California
21 Posts |
Posted - 03/01/2012 : 2:30:27 PM
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| California - my first signing - seemed like a piece of cake. Good Title Co., good rate, refi so the borrowers "knew the drill". Except when the IDs came out...the first/middle names for the wife did not match the docs at all! She said she changed it 10 years ago, often signed things AKA, and showed me something that had been recently notarized (irrelevant, notaries make mistakes all the time). I tried to call the "after hours" number for the Title Co., but got voice mail and no call back. Proceeded (incorrectly) to have her sign AKA but realized it was no good and warned them they would probably have to do it over. The docs had to be redone and thankfully the Title Co. didn't hold it against me (I think they got the wrong name from the Title or Trust docs) I haven't seen the new docs yet, so I'm hoping it is OK this time.My question is, how come in all the forums, help groups, training, etc. nobody suggests that the Notary ask the borrower(s) how their names appear on their ID, when we call to confirm the appt.? I had to make sure they had a copy ready, so it would have been easy for me to do, and you can bet I will ask that question from now on. |
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ID did not match name on docs
