Notary on YouTube had the following problem, what do you think?
Jane Smith took title to property in 1980.
Jane Peterson is selling the same property in 2023.
Title Company prepares a Deed for Notary to notarize and the
Deed and Signature line states the following (no husband signing / she is a widow):
Jane Peterson, formally known as Jane Smith
The current ID has the name “Jane Peterson” which is not the name of who is in title (Jane Smith).
So long ago “Jane Peterson” has no past Picture IDs with her “Jane Smith” name on it.
No witnesses who know her personally are present at the signing.
Would you notarize this?
If yes, why?
If not, what more documentation would you need?
If the Deed required only the “Jane Peterson” signature, how would you deal with it?
If the Deed required both the “Jane Peterson” and "Jane Smith signatures, how would you deal with it?
Would the fact that the current ID has the same address as the property being sold help you?
If I was asked to take Jane’s acknowledgement on the deed, I would be notarizing in Vermont. In my mind, without saying anything, I would note that the deed and signature line is probably supposed to say “formerly known as Jane Smith”, but it says “formally”. I would tell Jane to get back to the title company and have then check every single letter near her names in the deed. I would not proceed until Jane lets me know what the title company wants to do.
First of all, I agree with Ashton - “formally” should be corrected on the deed to read “formerly”
As to your questions: (keeping in mind this is a Florida specific response)
"Would you notarize this? Yes
If yes, why? She has current ID in her current name. Florida law allows us to use “f/k/a” and “a/k/a” in our certs.
If not, what more documentation would you need? N/A
If the Deed required only the “Jane Peterson” signature, how would you deal with it? Again, Florida law provides for this also - our cert would be “Before me this blank date of blank, 2023, Jane Peterson, who represented to me that she took title as Jane Smith” and then the rest of the required verbiage for our acks, including an additional phrase of "and provided (whatever ID presented) in the name of Jane Peterson.
If the Deed required both the “Jane Peterson” and "Jane Smith signatures, how would you deal with it? Most likely it require signatures as “Jane Peterson f/k/a Jane Smith” or “Jane Smith, n/k/a Jane Peterson”. See above responses - this is allowed by Florida law - we only need current valid ID for the person in front of us.
Would the fact that the current ID has the same address as the property being sold help you? No
Small Addendum - don’t believe everything you see on YouTube.
:
1 Like
First, you are right, I meant to write “formerly”.
Second,
the title company says it’s OK to notarize
BUT
In the end, the Notary is on the line as the title company’s deciding (verbally) that the notary has enough identification is not going to protect notary in a lawsuite etc.
The story on YouTube is from a well known Notary who had a recent bad experience as I described.
You stated: Florida law allows us to use “f/k/a” and “a/k/a” in our certs.
Is that in the Florida Notary Statute or a Guide published by the State of Florida?
I believe is story is true but he decide under his State notary rules, he could not notarize.
Now that the hypothetical deed has been corrected to say " Jane Peterson, formerly known as Jane Smith", if the notarization is in Vermont, I would apply the Revised Uniform Law on Notarial Acts which Vermont has passed. It is silent about the issue of one person using two names in the same document. I would be conservative and take the view that every name that appears in the certificate must be proven using the methods allowed by RULONA and to my satisfaction. Since the only name that has been proven to me is Jane Peterson, that is the only name I would put in the notarial certificate. The deed makes it clear the current name of the signer is Jane Peterson, and that’s all a notary would be expected to check. It’s not the job of the notary to conduct an independent investigation about whether the signer actually owns the property.
2 Likes
Florida statute seems to be silent on it now too…however from the Notary Division Website…
" What should I do if a person produces identification with a name different from the name being signed?
This problem may occur in different situations. In some situations, individuals may have simply neglected to update their identification cards after a name change. You should direct them to the local Division of Motor Vehicles office to make the necessary changes.
In some instances, individuals may need to sign a document with their former name after making the necessary updates to their identification cards. A classic situation arises when a woman changes her name after marriage and has to sign a document, such as a warranty deed, in her former name. You may notarize her signature if she signs both names, but you may want to indicate that fact in your notarial certificate.
For an acknowledgment, you could state, “The foregoing instrument was acknowledged before me this _____ day of ______, 19, by Mary Smith, who represented to me that she was formerly known as Mary Jones, and who provided a Florida driver license, No. 123 45 678 890 in the name of Mary Smith as identification.” You may also want to include information such as the date of birth, expiration date, or physical description.
You may always provide additional information in your certificate, especially if it helps to clarify the circumstances. You may also want to include information about supporting documentation concerning the name change or additional identification cards, if available, in your journal."
P.S. I realize the question is a bit different than the initial situation asked but I believe the same can be applied.
Keep in mind the Notary isn’t on the hook for fraud unless the Notary is committing fraud. Notaries can be the victims of fraud as well. As long as the Notary follows all of the State’s notary laws and procedures the Notary won’t be held criminally liable. The Notary may be sued in a civil action. This is why you need E&O insurance.
Remember we’re Notaries, in the business of validating identity using a government issued Photo ID. We’re not in law enforcement. I can see were a Notary refuses and Notarization due unclear details, then get in trouble for discriminatory practices. It’s a fine line, learn all you can about ID fraud, and tread carefully.
1 Like
