I’m a bit rattled but feel good by my decision to not notarize the documents. The borrower’s name on the documents did not match her ID. Her middle name was different because she got married - quite common. The borrower called the lender and the lender proceeded to explain to me that the AKA statement takes care of this issue. I explained to him my state laws (Kentucky) … the ID must match her name or we could use a Credible Witness to prove her ID. Unfortunately, she had no other IDs showing her maiden name nor a Credible Witness. For 10 minutes the lender was going in circles trying to reason with me that an AKA statement was all I needed. He then said that I was accusing the borrower to be committing fraud. Now, I’ve only been doing this for almost 3 years but I’m pretty sure one of the main reasons this world has notaries is to make sure that the person signing is NOT committing fraud. And now Title is sending me a message trying to explain the point of an AKA. I’m sorry, but, the AKA statement is not a government document. It was so uncomfortable being in this kind of situation, but I kept in mind CYA. Anyone else have this kind of situation?
I commend you for your ethics, but the lender is probably right.
Thank you Steve! I really appreciate your input. So if I get called to show my notary log, and it shows that I wrote down the borrower’s license information and it does not match her signature line, what do I do to show that I proved her identity?
It’s highly unlikely that’s going to happen. I’ve been doing this for 11 years and have never been called to testify about anything. If it gets to the point where they’re comparing your notary log with the signature line in the documents, you’ll no doubt have the whole document set in question, so the Signature/Name Affidavit would be available for you to refer to at that time. I understand your concerns, but I really don’t think that you have anything to worry about.
I totally get it… highly unlikely… but there is still a chance. And it’s on my shoulders.
There’s always a slim chance. It’s really up to you how you want to handle these situations. If I were you though, I’d make sure that you’re right in what you’re doing, since it can have a negative effect on your relationship with the title company, lender and future jobs from them if you go against their instructions.
Indeed. It’s not about what others think about me, it’s about the notary having integrity. Companies and the judicial system need to be able to rely on our standards.
Yes, but be sure that you’re right in what you’re doing. That’s all I’m saying.
If both name variations are on the AKA form and it’s notarized I would have gone through with it. The signer is attesting she is the same person. The title company at some point would have verified this.
But if you didn’t feel comfortable notarizing, withdraw from the signing and they will send someone else.
So the AKA is the lender or title’s document. It is a sworn affidavit where the borrower says I am the same person as these other names. We know that.
As for credible ID, that isn’t related to anything else, as notaries we follow our state requirement regarding ID.
I’ve never been in that exact situation. I verify the ID. Is that this person. Do they sign the way it appears on the ID. If that answer was no - I’d probably do what you did and ask for re-drawn documents.
What the lender should have believed is that the AKA is all HE needs. But he doesn’t promise the state about the ID and the signature.
It’s important to effectively communicate to all the parties why your decision is final on if you can notarize. So you did all you could do.
I see my job as a notary as verifying that the person who appears before me is who they claim to be. The borrower is claiming to be, for example, Mary Jean Smith, who says she owns a certain house and says she is refinancing the house. I meet her in the house, which supports the idea she the one who should be signing the mortgage package. She shows me a driver license that says Mary Stapleton Smith, which somewhat supports what she is saying. The lender has prepared an AKA and she has sworn to it, which slightly supports what she is saying.
My state (VT) allows me to ask for more identifying information if, after looking at the ID mentioned in the law (like a driver’s license) I’m not sure if the ID is convincing. That’s what I’d do.
Exactly. That is what I would do. But she was not able to show me any other documents.
If it was a daytime signing ..ucould call your state/ county clerk office for an official position..in my experience, i waS also required to notarize the name affadavit..
So i agree snd understand your position.
If someone cant produce id with the name that matches the docs….what can u do..
If the name affidavit isnt filled out by title accepting the change..then no im not going forward..re do the docs ..especially in a state that has no leeway. As yours
In my state of CA I would have proceeded with the notarization even if there was no AKA statement although it does help to bolster the identity. First, we acknowledge signatures based on a reasonable belief that the person signing the document is the same one as on the ID. The picture and physical description, as well as signature on the driver’s license, help. We are allowed to acknowledge signatures that are “less than”, but not “more than”, name indicated on the ID. For example, we can acknowledge a signature with no middle name even when the ID has one, or the ID says Junior and the document doesn’t, but shouldn’t acknowledge when ID has one last name and the document has a hyphenated last name, amongst other variations. The key words, at least in CA, are “reasonable belief”. When you get a packet of documents to be signed, the names may vary depending on the document, i.e. the deed and the certification of trust may be from the same person with different versions of their name. Each document requires the signatures be in the appropriate version to be valid.
I’m with Steve on this one but I have a question, was she the only signer? Also how did Title come up with the AKA, had they already seen the ID and had anticipated this?
Have her sign your journal. Compare the signature on the journal to the signature on the driver’s license. If it looks like a match or is at least close, it probably is a match. If it’s totally different, then you have a problem and should probably ask her for further proof of identification. I said “probably” is a match because I have a problem myself where I find it almost impossible to sign exactly the same way twice. The older I get, the worse it gets. It’s usually “in the ballpark”, but if someone offered me a million dollars to sign exactly the same way twice in a row, I probably couldn’t do it.
A clerk at the SOS is authenticating my signature several times a week. My ongoing nightmare is when I submit a signature from another notary and it’s rejected because it looks nothing like the one they used on their original Notary application that’s on file with the State. Things to think about when you notarize a recordable document that’s authenticated by a county clerk.
I couldn’t even begin to duplicate the signature on my notary application….at least not on a regular basis. I’ve never been questioned on it. I think it’s a product of the fact that I never handwrite anything anymore except for my signature. I will print, but not handwrite in cursive. Every written communication that I have with anyone is typed online, either through text messages or emails. So, when you say that the SOS is authenticating your signature several times a week, I find that difficult to understand. What are they looking at to authenticate your signature?
Steve, I have obtained over 400 apostilles a year for the last 20 years. Apostille service. I try to notarize all of them but a lot of my corporate clients have in-house notaries. If you focus on Loan Signings, your signature will rarely be authenticated.
Okay, well, that makes sense. I can’t imagine them trying to authenticate every Deed of Trust that every signing agent notarizes.