So, I got an assignment that was a small packet and thought this would be easy. I was wrong. I show up, and to start with, the person was not home. The signing serviced asked me to stay for a few minutes, but they did show up eventually. I could tell from the start this was a rough situation. Documentation needed for the packet was not easy for the person to find. I always start with ID so I can get started on my journal. The first thing I noticed is that the last name on the ID was different than the docs. I immediately called the signing service and said I canât notarize the name on the docs because I only have the ID with a different last name. They told me to notarize the name as the ID shows, and then put AKA the first and last name that appears in the docs. It the moment, I was curious if that was ok, but I figured it was ok since I was crossing out and initialing the last name on the acknowledgement and putting the name on the ID. Iâll spare the additional details, but that was the longest 13-page notary assignment I had ever had. I earned every cent on that one.
Anyone have any situation like that before? Sometimes I wonder what others run into out there in this crazy worldâŠ
I would never listen to the advice of a SS when it comes to notary procedure - their only interest is getting the loan/documents signedâŠmany are clueless as to proper state-specific notary requirements. Your notary law may not allow you to add âAKAâ to your certs (CA comes to mind). FL allows for different names between ID and title docs (âwho took title asâ). I donât know what your state laws are but the SS could well be dead wrong on thisâŠbut you wonât know until you get subpoenaed to appear in court.
What youâve described in known as a Badge of Fraud in the Tax business. If the name doesnât match, do not add AKA (Also Known As) as you donât have any other Government IDs that will validate the AKA name. You should send it back to Title for a re-draw. As one of my mentors once told me, if someoneâs going to jail make certain itâs not you.
Was the name on the ID listed as a previous name or maiden name on something similar to a signature affidavit? This creates undue burden on women changing their last names after a divorce and foreclosure. Was her signature legible?
Doesnât matter - you canât use a âsignature affidavitâ as IDâŠthat has to be notarized - how do you notarize the âaffidavitâ if they donât have ID in their real name?
A Same Name Affidavit aka One in the Same Name Affidavit is a document that is enclosed within a loan package when Title is aware that there are discrepancies with the name spellings or if the signer(s) are known by more than one name or if there are variations of the names that they go by.
I used to see these in refi packages in the early and mid 2000s when I was a CA notary.
That was over 20 years ago. I am not aware if it is still a practice in the industry. It may have been utilized by companies who are no longer in business. I know that they were a part of the loan package and it was a Jurat.
Therefore, the signer was swearing or affirming that the contents of said Affidavit are true. The notary is not responsible for the contents of the document.
As I mentioned before, this was over 20 years ago before the crash, soâŠâŠ
OK, thanks. Iâve never had to use one, but I do recall that Laura Biewer (CA) has stated numerous times on TNT that we are to never use one at a signing. It seems to be an easy way out for the title company, but she has said we are not to use them to verify a signerâs identity.
The Same Name Affidavit (a/k/a One And The Same Name Affidavit) is not, and never has been, acceptable to use for ID for notarization purposes - in ANY state as far as I know. The only acceptable ID is government issued - and Iâll guarantee that if you notarized in CA, you could not use this for identification purposes.
Maâam are you accusing me of making this up? What would I get out of doing that? My goodness I was sharing about a practice from over 20 years ago. Itâs not that serious. I hope that you have a good day.
@TX_Roxie Iâm not accusing you of anything and Iâm sorry you took it that way. But I stand by my statement that this affidavit is not a means of identification and it never has been. Especially in California with very strict rules. Even going back 20 years, and if you doubt ME, go to notary rotary and read posts about the same issue from 20 years ago.
Again, Iâm sorry you took this as an accusation as it was not my intent
Perhaps things have changed since TX_Roxie was a CA notary âin the early and mid 2000sâ. Iâve been a CA notary since January 2006 and, at least since then, we can only use government-issued photo ID to identify a signer (or 2 credible witnesses with government-issued photo ID to identify that signer). A Same Name Affidavit aka One in the Same Name Affidavit is not a government-issued photo ID; therefore, not allowed as a means of ID. Our notary handbook is very specific as to what is allowed as ID.
Yes, any and all akas should be listed on that document (also on the Signature/Name Affidavit). However, neither of those docs is permitted as an ID method in California â at least not since early 2006.
Now, I may be incorrect in this next statement and if I am I hope someone will please correct me. Itâs always been my understanding that those names appearing on the Signature/Name and the Same Name AKA One in the Same Name Affidavits are names that appear on the credit report for the signer. If a creditor has offered (whether accepted or not) credit to the signer and if a name is misspelled or completely different, that name will appear on the credit report until purged. Those names can be former names or actual names or partially correct names entered by a potential creditor. For instance, letâs say my current name is Mary Kay Smith. My maiden name was Mary Kay Jones. As an unmarried person, I had an account with Macyâs as Mary Kay Jones. After I married, JC Penney mailed me a credit offer in the name Marie Ray Smith. I never accepted that credit offer. Yet, that name (Marie Ray Smith) will appear on my credit report until I contact the credit bureaus and request that name be removed from my records as I never used it. Taking it a step further ⊠If Amazon extended credit to me with the name Mary Ray Smith and I accepted that offer and used that account, I could not have that latter name purged. It may be an incorrect name, but I did use it.
All these examples just to say the names appearing on those affidavits may or may not be valid for that signer. This is why we cannot use those affidavits as ID.
The OP reminded me of signing I had ~2012. It was a purchase for a single man. I arrive. He hands me his driverâs license as an ID. Neither the first nor the last name matched the docs. The photo on the ID matched the man standing before me. I asked if this was his ID. Yes. I told him the name on the ID and the name on the docs were completely different. He said that was his other name. I asked if he had ID in that other name. No. So sorry, no can do.
I got back in my car, called the signing service and informed them of the discrepancy. Further advised them I could not use credible witnesses as the person has an unexpired ID, itâs just not in the name on the docs. They agreed and paid my full fee.
