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February 17, 2013

Identification requirements for being notarized

Do you need to see a notary public sometime soon? Are you going to get some critical documents notarized? Don’t be afraid, this is easy! However, there are a few things that you must know.

(1) The notary public is required by law to check your identification. Certain types of identification are generally acceptable such as current driver’s licenses, state issued identification cards, passports,etc. As a general rule, if an identification is a current government issued photo-ID with a physical description, signature, and serial number, it should be good for a notary public to use. Make sure that your signature on the identification matches the one that you use on the document.

(2) Your name on the document must match the name on the identification. However, if your name on the document is shorter than the name on the identification, that is fine. If your ID says John J Smith, and on the document, you are named as John Smith, you are okay. If the name on the document is longer than the name in the identification, the notary public can not legally notarize that longer name variation.

(3) Some states require the notary public to thumbprint you for Deeds affecting real property and Powers of Attorney. It is painless (when I do it).

(4) The notary can not legally choose the type of notarization for you to get. Please have your decisions of whether to get an Oath, Acknowledgment, Jurat, or something else worked out before you see your notary.

(5) Most states require the document signer to sign the notary’s journal as well as signing the document. The notary should also record your identification information in their journal.

(6) Jurats require the signer to swear under oath. Please be cooperative about raising your right hand when you swear under oath.

(7) Mobile notaries charge a travel fee, and can charge waiting fees if you keep them waiting. Please be on time and respect their time and fees. 123notary.com specializes in mobile notaries.

(8) If the signer doesn’t have acceptable identification, please consult an attorney. Please be aware that inmates in jail do not have identification on their person other than their wristbands which is completely unacceptable as notary identification.

Good luck, and find a great notary public on 123notary.com!!!

Tweets:
(1) Your name on the document must match your name on the identification when notarized.
(2) Acceptable notary identification must be government issued, photo, serial #, exp. date, etc.

You might also like:

Notary Public 101 – Identification
http://blog.123notary.com/?p=19507

Signature Name Affidavit: Not a substitute for an ID
http://blog.123notary.com/?p=3823

When ID and documents have different names
http://blog.123notary.com/?p=230

What’s your sign?
http://blog.123notary.com/?p=19638

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January 1, 2013

Signature Name Affidavit: Not a substitute for an ID

I hate to beat a dead horse. But it seems that quite a few of you still believe that the ‘Name affidavit‘ is a way to identify individuals that don’t have the proper ID. I’ll say it again for the thousandth time. You cannot use this form in place of current GOVERNMENT ID. The whole point of your job is to have the person appear before you and identify the signer through proper (current) government issued identification. There are usually no exceptions to this rule (except for one; when you feel that they will not be able to get ID. They then will need to be identified through credible witnesses (usually two) who will swear under oath to you, to the signers identity and they will have current government issued ID themselves. However, keep in mind that we do not usually use this method with loans. For some lenders this may be acceptable way to identify their borrowers but for many of us notaries in certain states it is prohibited. But under no circumstance no matter what state you hold your commission in are you to use the name/signature affidavit to ID anyone. NEVER!

So you may ask what is the form for? The name affidavit form is included in the loan document package to identify all the names of the borrower that have been reported to the credit bureaus and that appear on the individuals credit report. It is not for your use and dont let ANYONE tell you that it is used for any other purpose. It is to make the borrower aware that these are the names that the report has listed for them. These may include but not limited to married, and /or maiden names and/or their name has been misspelled.

So in closing, remember when you confirm a job make sure that all signers have proper identification and that the ID is government issued and is current. If you make sure of this when you call and confirm the assignment this will save you and your borrower allot of headaches.

Until next time! Be safe!

You might also like:

When ID and Documents have different names
http://blog.123notary.com/?p=230

Glossary: Signature Affidavit and AKA Statement
http://www.123notary.com/glossary/?signature-affidavit-and-aka-statement

Can a notary sign an out of state quit claim deed?
http://blog.123notary.com/?p=2182

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January 23, 2011

ID – A Growing Problem

Confirming the identity of the affiant is a complex issue. Notary laws regarding ID requirements vary by state. Some states are very specific and have a list of what constitutes proper ID. They may or may not permit the use of a substantiating witness. I am not aware of any jurisdiction that requires multiple IDs to notarize; if you are aware of this situation please comment. One of the vendors: https://www.driverslicenseguide.com/products_summary.html has guides ranging from 25$ to over $200 (published annually!). Clearly, ID fraud is a growing issue.

As mentioned in a prior post, the City of New York will issue an “inmate release ID” with any name the prisoner chooses; if they can’t ascertain the true ID via fingerprints (1st offender?). A new initiative in NYC is to issue “Municipal IDs” to virtually anyone. There are rules and some proofs are required; but the general opinion is that they will be easy to get; with any name or address you choose. Applications can be submitted at the main NYC library or one of the Credit Union offices. Picture their situation if the proof of birth is hand written in Latvian from the local parish, without an e-mail address or telephone. Thus, even a crude forgery becomes a “valid NYC ID”. Glad you don’t live in New York City? But, you have problems too.

If your state does not have a specific list, it’s generally acceptable to accept the classic: “Government Issued Photo ID” – so do you take the NYC ID discussed above? Getting away from the proclivities of New York; most states certainly take other states Driver License, but who can really tell a genuine from a forgery? Without subscribing and always carrying an ID guide, it’s virtually impossible to know what to look for in unfamiliar driver licenses. Worse, some of the passports I have seen are totally handwritten, nothing machine printed; a few even seem to use common package sealing tape to “laminate” the ID photo, yikes!

I have been presented everything from a Food Town membership card to a Diplomatic Passport issued by the State Department. I notarized a Secret Service agent’s mortgage papers. Have I previously seen an SS agent card? Of course not. It looked “good” – so I accepted it. Yes, he did have a pistol also, inadvertently briefly exposed. He also had a DC driver license, again a first for me. Probably they were authentic; but as notaries we are not trained in ID verification.

Some might argue that a national ID card, the same for everyone is the solution. I doubt if such a measure would ever become reality. Thus, we are, with virtually; no strike that – with absolutely no training tasked with determining if the ID presented is authentic. Even a highly trained state trooper can be fooled with a good forgery. So far, there does not seem to be a solution. Here in New York State the notary is required to view (not verify!) “adequate proof” of ID. The determination of “adequate proof” is the responsibility of the individual notary – NY State does not publish a list of acceptable IDs. The list would be helpful; but forgery is still a big issue.

Inexplicably, we have the technology at hand capable of doing the job. There are databases of information about the authenticity of documents. There must be (probably with some exceptions) databases of currently issued and valid IDs. It would be nice to be able to take a cell phone picture of an ID and have it verified by competent authorities. Alternatively, many phones have the ability to scan fingerprints for their lock screen. Perhaps that technology will come to the aid of notaries struggling to verify the identity of the affiants prior to adding their stamp and seal.

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You might also like:

Quiz about Notary identification
http://blog.123notary.com/?p=15144

How to notarize with expired identification
http://blog.123notary.com/?p=8294

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January 18, 2011

Notarizing For a Minor — Identification!

It is not that common to notarize the signature of a minor, but at some point you might be asked to. A minor who needs to be notarized must be positively identified just like everyone else even thought their signature is not legally binding. But, if you need a notary for a minor — what type of identification can they get? The DMV can issue them a state ID card if they are not licensed to drive yet. If they are old enough to drive, you could get a drivers license. Another possibility is to go to the Post Office and apply for a passport which is another acceptable type of identification for being notarized. One benefit of passports is that they are valid for ten years while state issued ID’s are generally only good for four or five years!

So, if you are asked to notarize a minor, you can give the parents a tutorial about acceptable types of identification for their benefit! And remember — when notarizing a minor, please document in your journal that the signer is under 18 — and you might also document their exact age as well! Be professional when you do an “underage notarization”! Do it right!

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