Full name not on driver's license

I have had a few recent instances in which the full name (first middle last) was on the documents but middle name was missing from driver’s license. If I obtain a secondary piece of ID, like a bank card that shows full middle name, is that acceptable with driver’s license? What do other notaries do when the person signing only has ID with only first and last name but documents also include a middle name?

My state has adopted the Revised Uniform Law on Notarial Acts. The official commentary from that act has this to say about middle names:

Identification of an individual based on an identification credential requires some flexibility. For example, it is not uncommon that an individual’s name as used in a record may be a full name, including a full middle name; however, the name of the individual as provided on the identification credential may only use a middle initial or none at all. The inconsistency may be vice versa instead. The notarial officer should recognize these common inconsistencies when performing the identification of an individual. However, if a notarial officer is ultimately uncertain about the identity of the individual, the notarial officer should refuse to perform the notarial act (see Section 8.)

I always ask for second form of ID or, at the very least, additional ‘evidence’ of whatever is missing. Ashton makes a very good point, but, the first thing you must remember is your state’s laws on the subject. Your primary reason for being there is to make sure the person signing the documents IS who they claim to be.

Thank you Ashton, very helpful. What circumstances might you suspect someone is not who they say they are?

The other day I had a lady who was not able to provide any ID that showed her middle name. We were signing with her son so he was able to “vouch” for her that she is one in the same. I simply noted it in my journal.

I’ve had brothers, sisters try to sign for the actual signer. A son for his father. A married woman try to sign as her single self. I’ve also never had a signer who couldn’t come up with a ‘preponderance of evidence’ ( a wallet or purse full of ‘info’…which, while not a ‘proper’ ID, did have the ‘missing’ info…usually multiple times). Ask a relative? Oh, sure, Mom said son was husband and they had the same name…except for the middle initial. It 's always someone in the family. Still, what’s most important is ‘what are your state laws’ on this.

Arichter says to pay attention to your state laws. Of course that’s true, but this is something I’ve been curious about, and I’ve looked at laws from various states, and I’ve never found a state law or binding rule that says precisely how you compare the name on an ID to the name on the document. Sometimes you’ll see a story in a notary internet forum that says something like “I phoned the Secretary of State’s office, and they said…” but there’s no guarantee the person who answered the phone was well-trained, or fully understood the situation.

What would create doubt in my mind? If the document is about a local property, but the signer want’s to meet at a restaurant, that would make me cautious; maybe the signer doesn’t actually live at the property. Perhaps the property is some forest with no buildings on it; if the person “selling” it wasn’t the real owner, the real owner might not notice for years. If the date the property was purchased was long ago and the signer was young, I’d probably leave as soon as I laid eyes on the signer.

This may help…conveniently came out today: http://www.nationalnotary.org/knowledge-center/tips-tutorials/handle-name-discrepancies?utm_campaign=bulletin20200127&utm_medium=email&utm_source=nnabulletin&utm_content=BodyButtonNameDiscrepancies&content_type=2&position=1&NNAID=153336141

Another thing Ashton mentioned…not meeting at the property. Have had that happen, too, because, while the loan was for ‘owner-occupied’, in reality, it was a rental. Which isn’t your concern and, in this case, the wife accidentally let the cat out of the bag…but, regardless, the ‘fraud’ is on the signers because they stated it was owner-occupied and a notary meeting in a public location would have no way of knowing (tho’ the address on the DL would wave a yellow flag).

Hi Jbot
Not sure what state your in, but in California, the rule for the primary, picture ID is that the ID must show the same or more information (name/s) as the name used in the documents. So that means if the signer’s name on the docs was shown as John P Doe, and the ID showed John Paul Doe then you would be fine. If docs showed John Paul Doe and the ID showed John P Doe, then you can’t use it because it’s showing less information. If you find there’ no picture ID that you can use, then you can ask the signer if they can have two credible witnesses’ be present at the signing who’s IDs you can record in your journal.

For years people have been claiming in internet forums that California has a rule that if the ID contains more name information than the document, that is acceptable, but the reverse is unacceptable. The people making this claim have been challenged, and asked to cite a law or binding rule that sets forth this requirement. I have never seen anyone cite such a law or binding rule.

What would I consider a law or binding rule? The California Notary Handbook lists the relevant laws in the second half of the handbook. I don’t see any such requirement in the laws listed. (The first half of the handbook does not seem to have this requirement either).

Another place to look for binding rules would be the California Code of Regulations, Title 2, Division 7, Chapter 8. These are rules made by the Secretary of State for Notaries Public, made through the official executive branch rule-making process. These rules do not seem to have the requirement described by scataroper.

Very good point to bring. I follow the affidavit name and signature for aka name, staying that John T Doe is same person as John Doe. Sometimes I had the situation that I’d has full second name, and documents has only initial or just first and last name, this is acceptable in Florida.

miamisigningagent, a name and signature affidavit doesn’t carry much weight with me. If the document says John Alan Doe and the driver license says John A. Doe, if I’m not sure that John A. Doe really is John Alan Doe, does the fact that both names appear on the signature and name affidavit make me feel better? Not really, it’s just John swearing to something he already told me informally.

Exactly name affidavit is not proof of ID, but can clarify some differences, I will never use name affidavit to confirm ID, and yes full name information on a drivers license is acceptable when documents only have initial on second name.
I refused to notarize a closing for a lady who never changed her maiden last name on her ID, and documents had married last name, she asked me to bring her marriage certificate, and I answered that this document is not an id.I suggested her, go to a drivers license office, change your ID, and then I can come back later today to do closing; she said has no time to go…ok, no ID, no closing… It is easy.

I expect people who request a notarial act to make a reasonable effort to obtain up-to-date ID. If a lady got married 3 years ago, started using her husband’s surname right away, and still hasn’t gotten a new driver license, I don’t have much sympathy.

But I also understand getting a driver license is a big job these days. Some states make everyone get Real ID, and most people will want Real ID if they can get it. So first they have to get a marriage certificate. In some places, that takes a few days, in other places it could be months.

Then they have to take time off from work and go to the Social Security office and get a new social security card. I don’t know how long that takes.

The they have to obtain proof of legal presence, such as a birth certificate from the US or a green card or visa if they aren’t citizens.

Then they have to get proof they reside in the state that’s going to give them the license. That’s pretty easy for most people, but hard for someone who doesn’t have his/her own home and is staying with someone.

Then they have to go to the DMV (and probably take more time off from work) and present all the documents they’ve obtained and hope the clerk doesn’t find something to complain about. Most DMVs these days give a paper temporary license and the driver has to wait around 2 weeks to get the actual license.

So all told, it could easily take 3 months and cost $300 in fees and lost wages to get a driver license. If loan docs for a home are being notarized, chances are the signers are employed and can afford this. But people we do general notary work for, including people on public assistance, college student, etc., may not be able to afford this.

Another consideration is that a person may need a notarization in order to obtain birth or marriage certificates, which they need to get their new driver license.

Of course we should be sure who the signer is before we notarize something, but we should understand how hard it can be to get the kind of ID we would prefer, and be prepared to use alternatives, as long as the alternatives are convincing.

The fact is you can’t be 100% sure. True con artists can fool anyone. Someone who is not a con artist can’t fool anyone. One case that was in the news several years ago is a perfect example. Man lived at the end of a culdesac. He had no idea anything was wrong until the Sheriff’s deputy served him with final eviction notice. He showed the deputy proof that he had paid off his mortgage (with a different bank) years earlier and he said he has not financed since. He was in IT. He put a camera in his mail box. Caught neighbors from the other end of the opposite culdesac taking his mail and replacing it with other mail. They were taking his mail every day and replacing it with the mail they took the day before. They had ordered birth certificate, driver license and social security card using his own address. They applied to refinance his house and met the notary at a rented office. The notary would never have known that everything was fake. The bank had no clue and no legal lien on the property. He was just lucky the deputy believed him and started an investigation through the Sheriff’s office. Just do your best.