I am posed with questions concerning this document quite often. So let me tell what it is and what it isn’t. For those of you that are unfamiliar; this document is one of the documents found in 95% of all of loan packages.
The signature name affidavit represent names that have appeared on an individuals credit report(s). When a person applies for a loan, the lender runs a persons credit using all 3 of the credit bureaus (Experian, TransUnion and Equifax). These reports will usually include all of the names an individual has used in their lifetime; examples would be; marriages, maiden and name given at birth. The signers are required by the lender to sign the form and the form typically needs to be notarized.
At other times there will be clerical errors consisting of misspelled names and occasionally where the names are quite different. Sometimes in the case of the latter the signers will have an objection to signing the form and one can hardly blame them. So, if the signers have an objection to signing a name that is not their own, I have them strike it and initial. To date that has been acceptable and I haven’t had a document returned because of this action. (I suggest however, that you always bring this to the attention the company (or person) that hired you while-at the signing table if it is an issue. Never take matters into your own hands. ALWAYS ask).
There will be other times when the ID doesn’t match the documents exactly; say for example, a middle name is missing or the maiden was used previously and now they are married but they have no ID with these variations, you may be asked to add this name variation to the signature name affidavit in lieu of having ID. This is a big NO.NO. We must have current government issued picture ID. (or credible witnesses if they are allowed in your state). You CANNOT add names to the signature name affidavit that you DON’T have ID for. This is fraud and you will be on BIG trouble, if it ever comes up in an investigation or court case. I hear notary excuses; “But Carmen, they swore to me that that was their name.” Not good enough. Just imagine how this would appear to law enforcement or a judge. You must protect yourself and the signer. If you unfortunately find yourself in this situation always ask the signers if they have other acceptable ID that has all their names on it or use credible witness if allowed.
Now, I have actually added names to the signature name affidavit that I had ID for, but that is another blog story. 🙂
Until next time, be safe!
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The Signature Name Affidavit
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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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How do I get a foreign language document notarized?
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Notarizing your foreign language document! (Ken’s guide)
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