In my research on this site, I found a very knowledgeable notary who stated “[the signer] MUST sign as their name is printed on the doc. With loan docs, that’s how they took title, that’s who owns the property, so that’s how they have to sign.” I would agree with this statement.
Recently, I took a notary test wherein a fictitious signer signed a deed “John Smith” instead of “John C. Smith” as indicated on signature line of the document. His driver’s license showed “John C. Smith” but his signature was illegible and I couldn’t tell by looking if the “C” was present. The signature on the DL favorably matched the sig on the deed.
I elected to notarize the document in this mock signing and I have second thoughts about having done so. I’m looking for a reliable reference that addresses this matter officially, or some well-supported opinions from all my colleagues out there. I feel like I should know this better than I do.
I always ask the signers to sign as shown on the subject document (especially deeds and other “official” documents) but, suddenly I find that I’m a little uncertain on this one (and I’m seldom uncertain as frequent readers of this space know
). I just want to nail this issue down. Please do weigh in.
@Bobby-CA Excellent query! (as always) ![]()
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As you’re based in CA & things are quite ‘strict & stringent’ there regarding the processes for notarizations . . . I’ll remain an observer, but will find the input interesting if not insightful! ![]()
Thanks for asking the question.
P.S. I’ll “weigh in” on this one after the CA experts provide you with insights . . . ![]()
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I’m not sure you’ll find any definitive reference to how they sign if it’s a scribble - the only thing I can say is if that is how they customarily sign their name (and in your case it’s consistent with their ID) ask them “does this signature indicate your first name, middle initial and last name?” - if they reply in the affirmative, you accept it. You can’t force a signer to change their signature.
If the signature is legible, it should be signed as it appears in print. If the signature is illegible, all components of the name are present.
@Bobby-CA This is
PRECISELY
how I do it - and have done so since my onset & undergoing training via Notary2Pro.
NOTE: I receive no compensation or remuneration of any type or kind as a result of the first-hand experiential reference above.
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I think there’s a big difference between what the title company, or even the buyer, wants, and what would be legally sufficient.
Imagine a table signing where “John C. Smith” is printed under the signature line and the signer signs a nice clear “John Smith”. I’m the buyer, I still have the cashier’s check in my hand, and say “Do it over, and this time sign ‘John C. Smith’”. I’ve got the check, so I make the rules.
But lets say I relent and settle for “John Smith”. The next week Mr. Smith walks in my front door claiming it’s still his house, because of the way he signed his name. Mr. Smith is going to jail.
I often encounter signers who sign differently than is on the signature line. In these cases, I prefer that the signature is illegible because then you can’t tell if it matches the signature line or not. I’ve never had one rejected because of this. Some of these signers couldn’t sign their name legibly if you held a gun to their head. In any case, I’ve never had a signature rejected because it didn’t match. I tell them that as long as they keep it consistent throughout the documents, it will probably be okay. So far, it has been.
What is the main idea you are trying to convey, Ashton? I recall an instance where an individual signed their name, then flipped the paper over to sign their name in the exact same way on top of the previous signature. Upon turning the paper back over, it resulted in a remarkable and distinct signature. This exemplifies the significance of an original signature.
My point is that whoever is receiving a document, such as a title company or buyer, might refuse to continue with the transaction if they don’t like the way the signer signed. But in many situations, if the signer makes some kind of mark with the intent that it be their signature, it’s enforceable.
I’m in Texas. I’ve never had an issue with the client signing as their name appears on the docs or as their signature appears on their ID. Clients often complain about their signature not being how they would normally sign. Especially, when the docs spell out their entire name. If I get push back I give them the option to sign like their ID. I’ve never had any issues with title nor the lender in 20 plus years.
Lots of sound opinions on this topic. As I look over the input, I notice that all the notary heroes I always look to for insights and wisdom were the ones who answered. Y’all fortified my standards and I learned a few things. Many thanx to all “the usual suspects”.
I’ve had signings that included a quit claim deed because someone took title as John Smith but the legal name was John C Smith so Title had the deed re-done.
I don’t know if that means anything to your question. But I have been seeing re-deeding done because of a this is my legal name but this is how I sign everything on the planet. For signatures that are scrawls I sometimes ask - does this include your middle initial - if they say yes I report it in the appointment report as the signature represents the signers true and accurate signature.
Haven’t had to deal with any rejections yet.
I have had some re-deeding of property over the name on the license vs the name legally used. I just satisfy myself that the person signing is the person named and authorized to sign and that’s how I decide to notarize a signature.
In my area, hispanic men sometimes drop their Mother’s maiden names but it continues to appear on the drivers license. And sometimes they get irritated because the Title company ignores them when they say “the name should appear as X” and the paperwork comes through as Y.
And the signing goes really slowly because they have to use a signature they never ever use. Fun times.
@Bobby-CA As always,
Thank You
for creating this thread. It will benefit/be helpful to nearly all Notary Cafe members.
P.S. You’re Welcome! ![]()
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I always ask the signer to sign as the name appears on the document. If they say “that’s not my signature” l remind them that they are signing a legal document and your signature says who YOU are. A signature that is a straight line with two dots at the end does not say who you are. If they want to argue the point I advise them it could be costly if lender or title company won’t accept and they have to have a Notary return to correct the issue. That usually compels them too sign as directed.
So what? Can you quote a California law that says a signature is invalid if “does not say who you are”?
Maybe the title company won’t like a straight line with two dots. That doesn’t necessarily mean it is invalid. I’ve dealt with hundreds of instances where the signature was completely illegible and no one complained. I’ve also dealt with title companies who asked for legible signatures, and the signers went along with the request.
I’ve never had a situation where the title company wanted legible signatures, but the signer defied them and wrote illegible signatures. The closest I’ve come was the title company requesting black ink, but the signer’s lawyer advised blue ink; the signer signed in blue and there was no problem.
No I cannot quote a law. I am simply asking them to follow the instructions so as to save a return trip and notary fee
My experience is the deeds are an issue to the title company if the name isn’t signed exactly matching the printed name below it. However by law it also has to match the Drivers License signature. So there’s no problem of the signer adding an middle initial as long as it’s on the DL printed name. If there’s not an additional name on the drivers license you can’t have them add the name even if it’s printed below. In that case I let the title company know and ask them what to do about it.
One would think the title companies and/or the County offices would issue written guidance on what is acceptable so notaries wouldn’t be as likely to do something these agencies consider erroneous. I wonder who actually makes the “official” call on such matters. Hmmm
The reason likely is what the title company is doing is unlawful in California that the signature be altered to cover all aspects of the printed name. It’s one of those things they think they can get away with but we can operate within the law as long as it matches the printed names on the DL.