Posted by Terri - CA on March 17, 2008, 4:50 pm, in reply to "Re: This problem will never end since the law is subjective"
209.221.205.86
Dan, we agree with you. Kelly and I feel the same way.
However, the handbook states that the signer has to present ID, states what type of ID is acceptable. But what it doesn't say is how the Notary is to compare the name on the ID to the name that is going to be signed. If you call the SOS (I'd never call the NNA since they aren't going to defend me and has been know to given out WRONG info), the SOS will only refer you back to that ID section of the handbook.
Therefore, while you, Kelly and I know, and wouldn't do it any other way, that the name on the id should at least MATCH what they are signing before we'd even accept the ID that is presented. Other notaries believe that if the ID has one name that matches, that has satisfied them, and they'll notarize the document.
The issue is that the notary has to be satisfied. You, Kelly and I wouldn't be, but there are those out there who would be. I know, within the last 4 mos, I lost two signings because the borrower informed me prior to the signing that the name on their ID does not match what's on the docs. I was informed that the lender would be sending a notary who would notarize the documents. One case was docs showed the suffix "Jr." borrower stated none showed on his ID. The other the docs were printed middle-first last name. The borrower told me that he'd contacted the lender when he got the initial docs and advised them of the error. It wasn't corrected, all he said that showed on his id was First Last Name. I refused to notarize the docs, but they sent someone who possibly did.
As I said, the notaries who do this are those that either are employees, or only do work for these companies and believe the line of bull that they are "covered" under the company's insurance. Once they are sued, for illegally notarizing a document, the company will drop them like a hot potatoe, because they'll say that they notary employee should have followed the law and should have known what the law was, so therefore is exempt from the company "covering" them.
It's very frustrating!
Terri
Lancaster, CA
--Previous Message--
: To me theres nothing subjective about
: it. I take whats on the ID or less
: than. No variations. This is the
: answer I have got when I called NNA or
: SOS. I'd rather walk away from
: anything whenever its gonna cause me
: the slightest bit of anxiety. I dont
: care if I dont get the income. I'd
: rather sleep well at night. The
: instances I am talking about were all
: cases where the middle name or initial
: or last name was completely different
: or non existent. Lots of notaries
: still will notarize it anyway
: evidently according to what I see and
: I see it too frequently. Thats why
: things get recorded wrong. I just tell
: them I am sorry and show them in the
: law book, that it is a felony and
: $10,000 fine for me and I am not
: willing to undergo that so that they
: can have their transaction. Call me
: crazy. As for lawful requests go, we
: will never be punished for eering on
: the side of caution and having a
: reason to.
Terri
Lancaster, CA
CA Notary Exam Instructor
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