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LindaH
Florida
1754 Posts |
 Posted - 08/04/2016 : 05:07:57 AM
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quote:
Originally posted by Dannotary
You can also use 2 credible witnesses who are not benefiting from the transaction.
If the signer has current ID, Credible Witnesses cannot be used.
Linda
http://www.columbiacountynotary.webs.com |
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Dannotary
California
265 Posts |
Posted - 08/03/2016 : 5:25:37 PM
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| You can also use 2 credible witnesses who are not benefiting from the transaction. |
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Dannotary
California
265 Posts |
Posted - 08/03/2016 : 5:22:55 PM
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For California notaries here is the procedure for names on docs not matching on ID.
Title co's draw docs according to the way it was previously recorded. If its a new property owner, the loan agent/realtor instructs title as to their names. In either case, like I have been drumming into loan agents heads for years, SEND A COPY OF THE ID TO TITLE BEFORE DRAWING DOCS so that if names don't match in the case of refinances, title can do a corrective deed. In the case of new property owners, it can be nipped in the bud. Title can review ID and make sure it matches whatever they have been told as to the names.
At signings, when names don't match, CALL TITLE, they can call the FUNDER and make a plan as to how to proceed. NEVER get advice from a loan agent, they do not know even if they say they do. It depends on the funder, it is their call, not the loan agent. If it is after hours, the only thing you can do is have them sign the way it is printed, and have any variation from ID included on the Sig /Name Affidavit which is usually acceptable for Wells Fargo and a few others. The ONLY way you can notarize is the name on the ID of course. But the lenders are very individual. Let title know immediately how you had to proceed.
When I confirm appts and already have the docs, I will ask them to verify how their name appears on ID so that 'I can make sure the docs are correct'. |
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LindaH
Florida
1754 Posts |
Posted - 08/01/2016 : 11:00:12 AM
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Documents are drawn the way title is vested...unless people get title changed to match their ID, which they don't do because they just don't think of it, title and/or lender cannot take it upon themselves to just change vesting to match - owner would have to sign off on it.
Thankfully, here, our state notary laws take that into account. A redraw is not always necessary, providing lender accepts what we can do - we can do a cert that states (paraphrased) "acknowledged before me by Sally Smith, who represented to me that she took title as Sally Jones, and who provided <<type of ID>> in the name of Sally Smith as ID"
Page 61 of our handbook:
http://www.coastalclosings.com/pdf/ref_manual41-68.pdf
Linda
http://www.columbiacountynotary.webs.com |
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Florida Girl
Florida
11 Posts |
Posted - 08/01/2016 : 08:10:01 AM
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I always thought that the lender and/or title would be sure to put the same name on the documents that I would see on the borrowers ID
They both get this information before me and should have reviewed it.
I have been having more of a problem lately than I ever have had - not just with one lender or title company. I have had to call the signing or wait for new corrected documents before continuing.
I am thinking that I should see the ID myself before going to the signers location with the docs to save myself some grief.
What do you all think? Is everyone just getting lazy?
Linda Ann Frezza |
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ID documentation vs name on the documents
