My notary friend (no joke) had a seller’s package for a difficult appointment. It started with the wife not agreeing to sign the ALTA nor the closing disclosure. The sellers has a trust and hence the names were HLM (M) and MTM (F) as trustees but their driver’s licenses were HLM (M) and MAT (F). The acknowledgement was filled out based on the females DL as MAT even though she signed it was a MTM. The title company (which had already made some mistakes) sent it back as it claimed the signatures for the female did not match. My friend defended her acknowledgement as she acknowledged the person by her DL but the signing service stated that she should have called them as there was a discrepancy between the trustee name and the DL name. It ended up being OK as the title company ended up adding the DL name as an AKA. Did my friend do the right thing by using the DL even though it did not match the trustee name exactly? The signing should probably have been stopped given that the trustee name did not match the DL … or was she correct in following the DL? All insights are welcomed.
Any time the ID names don’t match the document names, stop and call title for a resolution. It is not the notary’s responsibility to make decisions such as these. As an example, if this was a RON signing, the borrower would not have passed the ID portion of identity analysis and the signing would not move forward. I just had this situation last week with a newlywed whose name on her license did not match the names in the documents.
Thanks Tisino. Good point. When a trust is involved it becomes a problem as the name on the trust is often not the name on the DL or passport…. Great input. Much appreciated!
@tawc depending on your friend’s state, they*may" have able to Use “WTTA” (who took title as)…would have solved the name discrepancy. Personally, when involving something as important as a trust, I’d prefer a redraw
@tawc In my direct experience & as per the training I received from exemplary professionals - if there is a deviation/inconsistency between the name present on the current government-issued photo ID & the document package ===>>>
FIRST: Look in the document package for the the Signature Name Affidavit [SNA]/Also Known As [AKA]/Formerly Known As [FKA] document to check for the presence of the name variations.
SECOND: Review your Signing Order [SO] instructions to check for possible guidance.
THIRD: Reach out to the hiring entity (Title/Escrow Company [T/EC], Signing Service [SS], etc.) for clarification & for their determination prior to proceeding.
REMEMBER: The regulations & statues within the state wherein the signing is taking place are paramount, then the guidelines/instructions via the hiring entity (as long as it’s within legal bounds) is definitively the best plan of action.
Hope the two of you don’t “lose a friendship” over this issue.
I agree with the others who said to call title.
My understanding of what name I can put in the certificate is to either
- know the signer personally, and know they are entitled to use the name that appears on the document, with “reasonable certainty” ( 12 VSA § 5365) or
- obtain “satisfactory evidence”, as defined in VT law (usually a driver license)
The name I put in the certificate will exactly match the name in the document. If I use a driver license or similar, it will be the name on the license, or a reasonable variation of the license name, supported by additional ID documents if necessary.
Thanks … good point. There were already so many throngs wrong with the signing….but yes, too important not to call title.
Indeed, calling title is the way to go when there is a discrepancy. The certificate contained the correct name of the DL but…. The name on the doc was her and her husband’s name… great input. Thank you!
Hello cNsa5, thanks 
. It was a bit strained but I think the lesson here is to contact title or the SS.
@tawc Hmmm . . .
In general, the insights I provide are from the standpoint of placing myself in the scenario presented & sharing the thought process. This technique will provide a deeper understanding of the expertise being shared.
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It’s always best to review all the details/data that are present within the document package and within the SO before reaching for the phone.
The impression you’ll want to present to the T/EC or the SS is that you’ve searched everything prior to calling (AKA interrupting their day). They greatly appreciate that you’re being considerate of their time.
Also, it’ll assist you in how to convey the scenario you’re confronted with & establish your expectations regarding the end result of the call.
So, definitively you’ll want to reach out to the T/EC or the SS, because they’re the hiring entity with the responsibilities of the file/loan. The hiring entity lets you know how they want the document package executed, which will ensure that you’re providing an error-free signing with the signer(s).
If names don’t match you call.
That’s it! But there are pitfalls with Trusts as often they use their wedded name and their DL shows their maiden name. Call title for resolution is the answer!
I had a similiar situation last week but it wasn’t a trust. The NB spouses first name was spelled wrong. Since it was direct from a title company, I immeaditaely informed that I had to call to see if we could proceed with the signing.
It seems to happen quite often. Thanks for sharing. In sum- name does not match call the SS or title or escrow……