What would you guys do if the persons name on the ID said Jr. or Sr.
but the name on the documents does not have the suffix? I’ve heard
title companies say that the name affidavit with the other name on it fixes fixes the problem. What are your thoughts???
@jennjoneis Great question! When a name variation scenario arises within my document packages, I first reach out to the Borrower [BO] and ask for the exact name including generational indicators on their current government-issued photo ID. Based upon that additional data, I will then reach out (as needed) to the Title/Escrow Company [T/EC] via phone & query about the variation & acceptability.
The normal response is, as you’ve noted above, about what you’ve ‘heard title companies say’ ===>>>
It’s usually addressed within the Name Affidavit via the Also Known As [AKA] entries on that document.
Of course, certainly don’t make a presumption. I reach out via phone, directly & specifically confirm their position, and request a written reply confirming that with an updated Name Affidavit (if needed). It’s a reliable & professional method to have their reply documented for your records.
There might be some advice in your state’s notary manual. If not, the Revised Uniform Law on Notarial Acts has been adopted by many states, and there is a version with commentary. This comment has to do with name variations:
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 would consider the absence of a suffix in either the ID or the document to be a common name variation, and it wouldn’t be enough, by itself, to prevent me from notarizing. But if there were other things that made me wonder, that would be a different story.
The name affidavit is really just for the title company and lender’s comfort. It gives them something in writing that the signer claims all the name variations refer to him/herself. It doesn’t prove anything to me.
Thank you so much. Yeah I wasn’t sure if what the title company claimed was legit
Thank you so much. I’ll definately check my state law
@jennjoneis Yes, understand that completely.
Of course, it goes without saying (as it’s our baseline determining factor) that the original ID needs to meet your/your State’s criteria once you’re able to visually inspect it in-person (or online if a RON signing).
As always, a well considered, well supported, informative response.
Thank you!
You can have more on the ID not less. You are fine.
From time to time some training organizations have suggested the rule of accepting more on the ID, but not less as a best practice. But I have never seen a law or official rule in any state that gives that as a requirement, and I personally do not accept that advice.
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