I am sorry but the Title company is correct, if there is an AKA statement in the documents then the signing can go forward, but she must sign all the documents that way, that is the law.
The signing may be able to go forward but it is of no help to the notary
1 Like
I think a lot of notaries here are over stepping their bounds. Our job is to make sure the person in the ID is who they say they are to attest to that, not play police or judge and decide who can and can’t sign something even if we bring the paperwork with us. That the ID is real. Some forms do not even have the name pre-printed. Go to your handbooks for your state and see if it says verbatim, “signers ID and paperwork must match” I know for sure it does not in florida. We are to record that this person provided a real and true acceptable ID, they were of sound mind and they willingly signed the paperwork. I have been doing this for 6 years and have seen variations in paperwork, the liability for names on paperwork is not with the notary in these transactions, it’s with the parties creating the paperwork and the title companies who choose to proceed with the transactions after being made aware of a discrepancy. We are not investigators, we are not judges. There’s a reason for aka statements. Take notes on the discrepancy, take note of who you spoke with who told you to continue, validate that the alternate name is on the AKA and keep moving. Before you argue this, do you question paperwork with no printed name? Do you refuse to notarize those? You record what the ID says and leave whether title and the courts will use that persons information or not to the courts and title. Taking a stand like that only ensures you are not used again. I could under stand if the paper work says Emma frost and the ID says Robert Reynolds, but maiden names? Women do get married and they are still who they are even when they are in transition of obtaining new ID’s. If courts get involved: “ I was given the ID of this name, and that person there, gave me that ID. I made Title and appropiate parties aware of the issue and they said to continue knowly.” It falls under same general premise if someone went through all the trouble of getting an ID intentionally that was not them, we work with what we are presented and attest to what is before us. The rest is at the liability of the willing signer and the accepting parties.
1 Like
I’m not communicating just to the signer, title, and perhaps a lender. My communication is to the world at large. The world is not privy to my emails to title, or the AKA affidavit. They see a document, perhaps a deed, that says, for example, Mary Jean Smith, and I provide a certificate of acknowledgement, then I’m telling the world that the signer presented convincing evidence she was entitled to use the name Mary Jean Smith. Maybe her driver license said Mary Stapleton Smith, and also showed me a number of documents that convinced me she was recently married and she also uses her maiden name, Mary Jean Smith. That’s fine, in my state. But I can’t expect a member of the public who is browsing through deeds at the town clerk’s office to know about emails I exchanged with the title company.
1 Like
I realize you’ve been doing this for a long time but this is my viewpoint:
Since when do we need to worry about the public? I don’t ever think to bother with that. I leave all that to those facilitating the transaction. If I’m summoned to court I will provide what I need to to defend myself. It is their job to defend the transaction with an AKA statement, that’s the purpose of the companies using them. they also usually sign a power of attorney for the transactions which cover for tyographical errors. Everything has a purpose. Our job is not to “let ” the signers do anything, those are their choices. That’s why I say too many notaries overstep. We are meeting with who we are told to meet with on behalf of those companies, that’s why we submit a copy of signer’s IDs to those companies. They validate the ID’s before committing to the transactions and submitting the paperwork to the courts. Our jobs are not to decide if the transaction should proceed. Sure, you can decide you want to refuse to do it on your own perssonal basis at the penalty of your pay because I’d imagine they have no liability to pay you for refusing to do what you are asked to do.
If we tell them the situation, “this person’s ID says this’ and they say, “that’s fine proceed” if you take it upon yourself to refuse, that’s on you. Once you give them the necessary information before just proceeding you have put the liability on them, keep the records you need to protect yourself of which 99.99% will never be an issue. I’ve been in that situation before. Neutral party is neutral party. You record the ID information, keep notes if there was anything and keep going. Mind you like I’ve stated earlier, I’ve come across situations where names were comepletly wrong and left the determination on how to proceed to those who have contracted me, it is not our transaction, nor is it in our perview to make decisions for those transactions.
My advise to anyone new to this: Cover your bases; communicate. Make the necessary calls regardless of the situation. Get a name whenever you think something may or may not be right and keep a record of it incase you need it down the road.
But thinking you are in control of if the transaction proceeds won’t see you in this business for long. You are working as an agreed to contractor on behalf of those companies.
If any random person from anywhere buys a house, relying on a deed I notarized which is recorded in the town clerk’s office for the world to see, and was negligent in identifying the seller, I’m on the hook for a house. Maybe there’s a title insurance company that knowingly went along with what I did, so it might be their problem. But title insurance isn’t required. If the buyer didn’t get title insurance, it’s on me.
1 Like
There’s a difference in verifying, which is checking the ID presented and submitting what was given and dertining if they are the same. It is not up to us to determine if they are one and the same. If they bring us an ID that appears to be legitimate and has that name but is not the actual person we do not hold responsibility for being tricked. Jessica simpson is a blonde Caucasian, if an African American walks in with an ID that say Jessica Simpson and we notarize it, we are not liable unless we did not check ID. In this instance, title says, yes we know she changed her name this week, cross out the name, make changes and initial it and keep going and you refuse based on your statement above, the tiele company will only see it as a refusal of duty. But everyone is entitled to do what they do. As far as anyone is concerned, anything for any reason can be on us. I don’t accept responsabily for more than what my job entails. Deciding on who can sign what, is not a notary’s job.
1 Like
Or….they just said that and never really happened. I’d ask why they didn’t request that notary? Put them on the spot ….they won’t know what to say.
EXACTLY!! 100%…It’s our call, but I won’t go out on a limb over an AKA…most are not “also known as” because they remarried and do not use that name any longer with no legal ID to provide, instead should be FKA “formerly known as.” and show the trail of the name change. Also it depends on how it is written, which name is first on the AKA.
No, the lender was not correct. The AKA statement is not a document that will prove identification. A notary cannot make a paper trail to reconcile a name. The name on the identification, government issued, needs to be at least, or more than the name showing on the documents.
3 Likes
Anytime you have a variation or unique situation, it should be noted in your notary log. If your notary log had a notation that you also had an AKA statement that the signer signed under penalty of perjury, then it is my opinion that everything would have been done correctly and within the legal boundaries that you noted for your state - this is of course my personal opinion and not legal advice. Additionally, this is part of the reason I ALWAYS fingerprint (unless the signer has an objection which I note in my journal), and I ALWAYS completely fill out my notary journal with as much information as I can each and every time. I have been sued and they were seeking damages far in excess of my E & O (and I carry a large policy) and because I kept excellent records, I was able to prove that I had no culpability in the issue. The judge dismissed the case against me while all the others parties had to face the litigation. It was an intense several months with not just my livelyhood on the line by my home, and entire financial future. Keeping excellent records is always your best protection.
1 Like
I believe you handled that situation correctly and, most importantly, protected yourself legally, which is our primary responsibility as notaries. The main issue was that the borrower’s name on the documents did not match the name on the ID, and while the AKA affidavit was present, it is not a government-issued form of identification and doesn’t establish identity. In Kentucky, as in most states, we’re required to identify the signer using satisfactory evidence, meaning a valid ID that reasonably matches the document name or a credible witness. I understand the lender was focused on moving the file forward and felt the AKA addressed the issue, but that really applies to their internal documentation—not to our notarial obligations. If you had proceeded, it could have exposed you to liability or the notarization being challenged later. I also know those conversations can get uncomfortable, especially when it’s framed as questioning the signer, but you were simply following the law and doing your job. Given that there was no matching ID, no credible witness, and no supporting documentation, I think you made the right call. You stayed professional, held your ground, and protected your commission, which is exactly what we’re supposed to do.
1 Like
An interesting note. A story from a friend who was the sales rep for a title company that I did a lot of business with. Im also a real estate broker.
Husband and wife are not getting along. She decides to take a break and go stay with her sister for awhile. She was away about 2 months and returns without notice. Odd car in the driveway. She looks in the front window and sees different furniture. Her keys wont work. No cell phones in those days. Turns out, hubby had his new girlfriend get an illegal ID. He sold the house and girlfriend signs. Title company got stuck for damages.
1 Like
Hmmm…I am in agreement with you. Even if the AKA is notarized, she didn’t provide proof of identification to you. ANYONE can write a name on the AKA statement! And the more pressure I receive on a subject the harder I dig in. Discuss the actuality with me, never try to intimidate me.
1 Like
I can’t agree with you here. It is not a matter of placing liability with the company if they tell you to proceed. We do not work with the company, we do not take the course they choose. That’s why mortgage fraud is so rampant in this country. It is the function of the notary to prove who is signing the documents. Some instructions will state to verify the identity as the name on the paperwork vs the name on the ID. I believe they have probably been in that position to clarify and the instruction is putting that back on the notary! The copy of the ID’s that we send the companies is for their record only. They do not scrutinize the ID’s and a clerk probably just files it. Believe me, if we end up in court the company is not going to represent us nor state that they authorized the go ahead. That is totally on the notary…that’s why we are insured and bonded. If the company was going to wrap us in their corporate blanket it wouldn’t be a necessity!
1 Like
Mortgage fraud goes much deeper than a married woman’s changed name or a typo. Once you tell a judge that you gave them the pertinent information and they chose to proceed that’s the choice of the signer and the company. We are not judges, not police, we do not get to decide. Our liability stops when parties want to proceed with knowledge we give them. Get names of responsible parties for making decisions and notate them for your self protection. Your liability will be covered. I always get names for any changes or decisions that way it’s not on me at all.
It doesn’t matter if the company wraps you in their corporate blanket. You can still get sued personally as well. I agree with you, though. The company won’t stand by you in court. They will claim that you made the decision to proceed on your own.
1 Like
That’s exactly the point! Thanks! Some think we should blindly follow the Signing Companies instructions or whatever the Lender/Title throw out there. We are not working for any of those people. We are first and foremost Notaries for the State in which we received our appointment. Questioning the legitimacy of anything is well within our realm. If we weren’t notaries and the companies just hired us to get the papers signed we would be on a different platform.