Last signing the customer showed me his ID, and it spelled out his full middle name. My documents had his name with just the middle initial. Should I have continued with the notarizations?
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Signers sign how they are listed on the document. Most drivers licenses include middle names. That’s not a reason to not notarize in my state. In fact, now there are lenders who want that full name filled out on the Signature/Name Affidavit if it’s not there already. If the signature name aka statement had the full name it was already addressed by the lender. They’re called different things, signature/name affidavit, signature Affidavit AKA Statement depends on the lender.
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@Jcarlson9 What are the Guidelines, Rules, & Regulations in your State Notarial Handbook for this type of instance?
As I often express on the Notary Cafe forum:
- Always employ critical thinking skills
- Make decisions from a business owner viewpoint (not an employee)
- Research & follow the Regulations & Statues within your own State for owning, launching, & operating a business
- Utilize your individual State Notarial Handbook for insights & guidance for establishment of a foundational baseline to operate from for your business decisions
- Undergo a reputable professional training program; i.e., Notary2Pro
- Review the Signing Order [SO] instructions in detail prior to reaching out to the hiring entity for clarifications
- Seek out the guidance & support of fellow business owners via a reliable & professional online format; i.e., Notary Cafe
GENERAL DECISION GUIDELINE:
- Employ critical thinking skills.
- Consider the source
- Evaluate the potential ulterior motive
- Trust your instincts
.
Certainly, it’s BEST to honor the Guidelines, Rules, & Regulations found within the Notarial Handbook for your State.
That should be your baseline to operate from to ensure that you (as a Business Owner) follow accurate protocol.
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I’ve read a fair number of notary handbooks from various states, and I’ve never seen one that got into the details of name variations. The nearest I’ve come to a quasi-official statement is from the Uniform Law Commission that developed the Revised Uniform Law on Notarial Acts, a version of which has been adopted in my state, Vermont. That recommended law contains this commentary:
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.)
If the law or notary handbook in your state gives clear guidance, please let us know.
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That’s a great question and a good topic for discussion. I have had firsthand experience with how tricky names on identifications can be. Due to an auto accident, my attorney advised me to meet with the Social Security Department, which I did. I was surprised to learn during the meeting with the Social Security representative that there were a lot of people who had the same first and last names as me. I found out that day that someone in California was receiving an SSI check with my name on it.
Now I know that identifications can sometimes be problematic, and sometimes we have to take additional steps to verify someone’s identity. If we can’t find another way to complete proper identification, best practice is not to complete the notarization and to give the signer and hiring company an explanation. We are not only accountable for the people we serve and for ensuring that we follow the best practices of our profession, but also for helping prevent identity theft and other fraudulent activities. When we become aware of potential fraud or fraud in progress, we have a responsibility to stop it. It’s better to walk away when you’ve exhausted all available options than to unknowingly become complicit in a fraud.crime.
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I had to laugh to myself. The other day at a signing, I had an signer that wore a beard, which wasn’t on his driver’s license. Obviously the driver’s license didn’t match his present appearance, so I looked at his facial features, such as his eyes, nose, and ears for a match. Good thing those features weren’t different. The signing assignment was able to be completed.
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