As a Notary, you will be confronted by a myriad of inconsistencies. Names on identifications don’t always match names on documents. We have discussed this multiple times in our John Smith examples where the name on the ID is shorter than the name on the document which in my examples is normally John W. Smith. However, I want to introduce the complexities of name variations in an organized way.
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RULE #1: The name on the ID must prove the name on the Acknowledgment
The name on the ID is not always identical or “matching” the name on the document. I do not like the term “matching” because it has multiple connotations and therefor is not clear. The name on the identification must PROVE the name on the Acknowledgment as a minimum.
Example
The name on the ID says John Smith.
The typed name on the document says John William Smith
The signature on document says John William Charles Smith
The name on the Acknowledgment cannot say more than John Smith otherwise you are notarizing someone whose name you cannot prove.
Whether or not your state approves you notarizing a signature that is longer or not matching the name on the identification is between you and your state. But, according to sensible practices, the main thing is what name you are Acknowledging the person as, because that is your job as a Notary. As a Notary, you have to prove the identity of the signer and certify that information in the form of a Notary certificate. What goes on the certificate must be true under the penalty of perjury in California and must be true in other states otherwise it could be considered fraudulent. In this example, you can prove the signer is John Smith, he over signed the document which the Lenders don’t usually mind, and you notarized him once again as John Smith — nothing more, nothing less.
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RULE #2: The typed name on the document ideally exactly matches the signature, but, if the Lender says it’s okay, an over signed version of the same name would suffice.
i.e. If the typed name says John William Smith, then the signature could be John William Charles Smith.
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RULE #3: The name on the Acknowledgment can be an exact match of the signature if provable by ID, or a partial match of the signature that is proven by the identification.
i.e. If the signature says John William Charles Smith, you can notarize the signature as that name if it that name variation is entirely provable based on the ID, or you can notarize him as John Smith as the ID proves that name.
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RULE #4: The typed name on the document is supposed to match the name on Title.
The recording agency has a particular name on title, and loan documents are supposed to match the name on title. Sometimes people change their name on title using Grant Deeds and Quit Claim Deeds and which form you use to change a name on title depends on what state you live and your individual situation, and I am not trained in these matters, (sorry.)
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Rule #5: Just because you are obeying sensible practices and the law doesn’t mean the Lender won’t get mad and fire you.
The Lender wants the name notarized based on how the name reads on the documents as a general rule. Usually times you can get away with notarizing a shorter version of the name for legal reasons. If you have a situation where you have a choice between breaking the law and pleasing the Lender, choose obeying the law. If you have a choice between pleasing the Lender and taking liberties identifying someone which is a wishy-washy point in the legal code in many states (look up your state’s requirements for proving someone’s name — many states only say that you have to check their ID, but not see if the names exactly match) then you have a judgement call.
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Summary of rules using fortune cookie English
1. Name on ACKNOWLEDGMENT must be proven by name on IDENTIFICATION
2. Name on ACKNOWLEDGMENT must be part or whole of name on SIGNATURE
3. Name on SIGNATURE can match exactly or be a longer variation of TYPED NAME on document.
4. TYPED NAME on document should MATCH name on TITLE
5. LENDERS want name on the Acknowledgment to match TYPED NAME on document, but this is not always legally possible.
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You might also like:
The ID says John Smith
http://blog.123notary.com/?p=19953
What’s your sign? A guide to spotting fake ID’s.
http://blog.123notary.com/?p=19638
Credible Witnesses – the ins and outs
http://blog.123notary.com/?p=19634
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Can you notarize a signature in Chinese or another alphabet?
What if the signer signs in Chinese characters or hyroglyphics?
I once had a signer who wanted to sign in Chinese. It is prudent for a Notary to check the signature on a signer’s ID and make sure it matches the signature on the document. Otherwise, you might suspect fraud. But, is it legal to notarize a signature in Chinese? On your Notary certificate you have to write the person’s name in English.
My logic is that many English language signatures are incomprehensible scribbles. So, what’s the difference between an American scribble and a Chinese scribble? You can’t make sense of either one. The signer’s name was something like John C Wang and he had three corresponding Chinese characters. He claimed that scribble #1 represented the John and the next one the C, etc. I was unclear about the law in this case, but his signature matched his ID which is why I let him do it this way as matching signatures are a requirement for prudent Notarization.
But, on another occassion I was asked to teleport back into time to notarize in hyroglyphics at a pyramid. The provided a time machine and gallactic portal. I went back into time (air conditioning not included) and got to the site where they needed a notary. We spent an hour drinking tea, making small talk and negotiating my fee. They talked me out of a travel fee since they provided the travel arrangements. I also didn’t want to negotiate too hard as I didn’t want them to get mad at me otherwise I might not have a trip back to 2016. So, we sat down at the signing table, saw the guy’s ID, etc.
NOTARY: For security, may I know your mummy’s maiden name?
KING TUT: Which one?
NOTARY: Okay, please sign the journal
KING TUT: Okay…
NOTARY: Oh, forgot. I’m not allowed to Notarize hyrogliphics.
KING TUT: But, this is how I sign! And by the way, you are out of your jurisdiction, and your commission is not current here as it hasn’t been originated for another 5000 years.
NOTARY: Hmmm, good point. But, the pistachios were good and I enjoyed the time machine so it wasn’t a complete waste of time — or reverse time as the case may be.
KING TUT: Okay, how about I get into the time machine with you, go to California in 2016 where you are commissioned, and make up some English language name.
NOTARY: That might work. But you need an ID from a government that has a photo and physical description.
KING TUT: No problem, I’ll just go down to the DMV and pick one up.
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You might also like:
Where can I find a Chinese speaking notary?
http://blog.123notary.com/?p=1640
Notary procedure for Affidavit of Support documents
http://blog.123notary.com/?p=1421
How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788
Notarizing your foreign language document! (Ken’s guide)
http://blog.123notary.com/?p=2768
General notary public information
http://blog.123notary.com/?p=20075