There is one title company in my area who states in their instructions that it is illegal to take a photo of someone’s ID. No, they never mention a military ID. They state it in bold letters in a few places. So when I showed up tonight for a refinance and the signer didn’t have the copy for me, I had to scan it with my phone. I know that’s not the same as a photo, but wherever does it state that taking a photo of a ID is illegal? It’s probably not considered ethical when the business has no purpose for doing so, but for a loan package, we always need it.
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Except for military IDs, I don’t think it’s actually illegal, BUT you are just opening the door to being accused of ‘using the signers NPPI info’ should they experience some kind of fraud–which is what the TC is trying to avoid. Sounds like they had some ‘situation’ and are trying to avoid a repeat by throwing responsibility at the notary. Their defense would be ‘WE TOLD THE NOTARY NOT TO DO IT.’ Would I lose sleep over it? Nah. But you did break their rules.
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I would ask the title company if they are during the loan application process and underwriting and preparation process if they are making signers aware of this requirement that they have a photocopy ready for closing. if not suggest they implement a process to make signers aware this is their policy and without it the signing cannot be completed.
Then when you call to confirm the appointment, mention they MUST have a photo copy of each signers ID or you will be forced to adjourn the signing per the title company policy.
If anyone takes issue with it, have them or you call title on speaker phone with you in the room and say hello this is xxx I am with mr. so and so and he does not have a photo copy of his ID per your policy, how would you like me to proceed with this signing, I have already printed and made the trip as like I mentioned I am here at his home. I bet they will either make exceptions or implement policies to ensure this requirement is met . Calling them out in the moment forces them to make a decision, they have to pay you a print and trip fee and not complete a signing which will have serious implications and complications as far as funding and keeping customers happy .
In the case you mention I wouldn’t stress over it . You made a call, they can decide if thats a hill they want to die on . I’m sure it will work out just fine. But next time make it someone else’s problem to make that call, I’d bet a photo will be the choice . they don’t want to lose the closing and “piss off” their client to the point they take that refi else where . this is just my OPINION. and I could be wrong. take what resonates , leave the rest.
- to others- again this is my opinion and not gospel, don’t come for me .
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Notary_veg didn’t write that the title company that claims taking photos of ID is illegal is the same title company that was involved in the signing that Notary_veg described.
Well, that was the impression I got from that post…thought that was the whole post of the OP’s statement…I may be wrong.
However, @Notary_veg - in the scenario you mentioned, I agree with previous poster about getting title/hiring party on speaker about the issue, but I would NOT have taken a pic of the ID with my phone. During that phone call, I would have suggested that signers would provide title with copy of their ID via email or fax or whatever mode they wish after the closing - you get the job done, you get your pay and the ball is in signers’ court to get the ID copy to title in order to fund the loan. (and I would make that crystal clear with signers - make sure they understand that failure to comply MAY delay the funding of their loan)
JMO
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Taking the refi elsewhere is not always a viable option, considering that many signers have told me that the whole “process” to get to the closing table took months. Why anyone involved in the closing process would let a copy of an ID jeopardize the successful closing doesn’t make sense.
If Title requires a copy of ID (most of them do not) and signer does not have a copy at signing location, simply ask signer to take a copy with their own phone and send it to Title via text or email. You can provide them the escrow officer’s email address and phone number.
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A military officer gave me a copy of his to use before and said the front is ok, just not the front and back
That’s a good idea. And they should make them aware of it. I don’t know if they do. I’ll have to ask them about it.
Yes, it was the same title company who stated in their instructions that it’s illegal to take a photo of the ID that assigned me that one. The signer wasn’t helpful at all. I had told her on the phone that she would have to provide me with a copy. I’m tired of being placed in difficult situations. She didn’t seem to have a problem with me taking the scan, but if she mentions it to the title company, now I’m guilty of breaking their rules.
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Technically we as notaries are not allowed to take any photos of IDs especially military ones. In my experience, about 80 percent of the signing instructions say that a copy is required. I will only accept a copy of a State ID, Driver License or Passport. Once in a while my signers will tell me they already sent that in ages ago!
In most instances my signers do not mind my scanning to my phone or taking a picture of their IDs. We are to delete those images after all. One signing company has a feature on the portal to upload an image of the ID. I have not found the ID on my phone after uploading the image. When push comes to shove I never insist on capturing an image but I do let the signers know they must find a way to get that image over to Title or funding may be delayed.
I know that taking a photo of a military ID is illegal but this company states taking a photo of any ID is illegal. They’re the only ones I’ve seen who state that.
Unrelated to the conversation, but I find that many title companies have two different sets of instructions and sometimes they conflict with one another. Not only that, but the writing is filled with errors, is often unclear, and of course, filled with spelling and grammatical errors. It drives me crazy. 
When I see those errors I start to wonder about the rest of the file.
Some of the errors are due to rushing and include a mistake in the address or signer’s name. When you see this type of error, it is important to go through the documents before printing. It’s not rare that a key document may be missing.
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Im just referring to the instructions and in my opinion, there’s no excuse for that.
It is not legal to photograph a military ID. The signer can take a picture and text it to you. I use Adobe Scan for ID images to be uploaded. Works well. If I have time I email a photo of ID to myself and create a pdf from it. Otherwise from the road I use Adobe Scan and upload as a pdf.
Yes i did say it was not a military ID and that i did scan it.
Most packages include documents prepared by the lender and other documents specific to the title company. I’ve seen names that appear two different ways on these documents. I don’t see instructions that conflict very often except for a lender or title company not requiring a scan but the signing service requires a scan. I usually always go by what Title says. Or I request clarification via email.
very true one time I went through them and the note wasn’t in the package
I can see their point, but how is it illegal to take a photo from the phone when you still will have a copy regardless if it’s on your phone, through a scanner or having a tangible copy?! We have access to all their confidential information (if anyone would think of something stupid)…ijs!! We all have to go through background screenings yearly as an extra layer of security for the signers! Yes, follow their rules if it’s in the instructions. However, I always ask my signers to get a copy of ID esp if the signing is at least 24 hours in advance! If not, by all means, I simply snap a photo and then upload it into the platform right then and there to avoid keeping a copy on my phone.