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March 8, 2015

Point (10) Signature Affidavit; Marcy Cancels the Signing

Filed under: (2) Technical and Legal,Popular on Facebook (shares),Popular on Facebook (some) — Tags: 30 point course, acknowledgment wording, Notarizing, Signature Affidavit, Signature Name Affidavit — admin @ 12:01 am

Our friend Marcy had screwed up a few signings by now. But, she wouldn’t give up. She was determined. She was unfortunately determined to go out there because her friends told her to have confidence and go out there. What she really needed to do is more studying before she screwed up anyone else’s loan. Maybe after this screw up she’ll hit the books before she accumulates some more bad karma.

ROCHESTER: Hi, you must be Marcy, the Notary.

MARCY: Sure, yes, just call me Marcy. Oh, that’s what you called me. Yes, I usually go by Marcy.

ROCHESTER: So, can I offer you a glass of orange juice before the signing?

MARCY: Yes, that would be wonderful. But, we’ll put it on a separate table or chair. I don’t want to tell you what happened at Starbucks a few days ago.

ROCHESTER: Oh, I love Starbucks. How could anything go wrong there?

MARCY: Oh boy. Let’s not talk about it. Let’s just make sure nothing goes wrong here.

ROCHESTER: Nothing can go wrong. I went over all the numbers with my Lender this morning. Just relax.

MARCY: Okay, no surprises then. Here are the documents. Let’s sign away.

ROCHESTER: Okay, hmmm. Uh-oh. My name.

MARCY: Your name? Your name is Rochester Smith.

ROCHESTER: That’s the whole thing. The docs have my name as Rochester T Smith. I never sign that way.

MARCY: No problem, I have the Lender’s phone number on speed dial, and your ID has your name as… uh-oh!!! (ring-ring) hmmm, he doesn’t seem to be picking up. Typical Lender. Always there to sell you a loan, but never there when you’re at the signing and something goes wrong. I think we need a 3-way appointment next time to make sure they are available. I’ll just leave a message.

ROCHESTER: Well, I can’t sign like this. I never sign with my middle initial.

MARCY: I can’t notarize you with the middle initial anyway since it is not on your ID.

ROCHESTER: Well, we’ll have to end the signing then. I’m so sorry Marcy.

MARCY: Oh, it’s okay.

Little did Marcy know that she could use the Signature Affidavit and AKA statement to write in all of Rochester’s name variations including the one without the middle initial. They could sign the docs as one of the variations such as printed on his ID, and the loan would go through unless the Lender objected. Lender’s often plan on selling the loan, so they don’t want too many (or any) discrepencies. Since Rochester wouldn’t be able to get another ID, the Lender wouldn’t have too much choice in the matter other than to forfeit the loan after his many hours of involvement. Once again, Marcy ruined another loan because she didn’t do her homework. Sounds like some of the notaries on 123notary who didn’t want to take additional certification courses and tests because they didn’t “need” to. Oh well. Perhaps it is really the Lender’s fault for choosing an untested Notary.

Point (10) The Signature Affidavit and AKA Statement

Signature Affidavit
There are many variations to this one. Here are some other names: Name Affidavit, Signature Affidavit and AKA Statement, Signature Name Affidavit, etc. These documents are often sworn oaths; if so, make sure to have the borrower(s) raise their right hand and swear to the correctness of the document or whatever the document asks them to swear to. This document is the one where people have to, or are allowed to, list all of their names including previous names from a long time back.

Generally, the name that the borrower is using in all of the documents appears on the top of the page; they have to sign to the right of that. Then, if they have name variations, those will be listed below. The printed name variations are usually on the left while the borrowers should sign to the right. The spelling of the names on the forms are not always correct. The names are obtained from credit reports that, at times, have the names misspelled. Keep your eyes open. Be sure that the borrower signs the variations exactly as they are spelled. Watch them like a hawk. Borrowers always screw this document up. If the names are not their real names, explain to them that the information came from credit reports. The data entry clerks who work at the credit bureau don’t always have good spelling skills. However on this particular document, the borrower has to sign exactly the way the misspelled name is anyway.

Notarizing the Signature Affidavit
This document is almost always notarized. Be careful doing your acknowledgment wording. If the person has one or more name variations, then the wording should be as follows (this is the California wording, it may not apply in other states, and I’ll skip the beginning wording):

The person(s) [cross out the ‘s’] whose name(s) [don’t cross this ‘s’ out although it is a habit] is/are [cross out the ‘is’] subscribed to the within instrument and acknowledged to me that ——— by his/her/their signature(s) [keep the ‘s’] ——-

It is difficult to remember how to fill out the wording for a single person with multiple names. Please refer to the Signature Affidavit in the sample document section to see how the wording is done.

The most important fact about the Signature Affidavit: If a borrower insists on signing in a way that is different from the name printed on the documents, the loan will often (not always, but often) still go through if that name they are using during the signing shows up in the Signature Affidavit. As always, ask the Lender before you use any name variation that is different from what is printed on the signature area of the documents. But, if the Lender doesn’t answer their phone — and they often don’t, then you are forced to use the skills you learned by learning the ropes! Just be sure not to hang yourself with one.

You might also like:

The 30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (11) Following Directions
http://blog.123notary.com/?p=14379

The Signature Affidavit
http://blog.123notary.com/?s=signature+affidavit

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

Comments (7)

November 4, 2014

The Affidavit of Occupancy

Filed under: Affidavits,Ken Edelstein,Popular on Linked In — Tags: Affidavit, Affidavit of Occupancy, Notarized False Statement, Occupancy Affidavit — admin @ 9:01 pm

An affidavit of occupancy is a simple document (sometimes notarized), that offers the borrower generally three choices. The first option (generally by making initials) is to have the property as a Primary Residence. This option typically requires the borrower to occupy the property, usually within 60 days; for a minimum of one year. The second option is to acquire the property as a second home, while maintaining a primary residence elsewhere. The third major option is to declare the property as Investment Property, not to be occupied by the borrower; but to sell or rent for rental income. It is unlikely that the borrower cannot accurately choose the correct option.

Care should be taken by the borrower to initial the correct choice. The wrong choice can result in financial and even criminal penalties at a later date. If the borrower is buying to live in, there is really no issue. However, when the intent is speculation or rental; it’s accurate disclosure or risk problems. Lower Mortgage Rates are available for owner occupied. This is why the intent to rent or speculate must be disclosed.

Affidavits of occupancy are especially relevant for small-time or independent real estate investors. If a borrower were to select “investment property” then choose to move in permanently – there probably would be no problem. Of course they would be paying a higher mortgage rate, lenders are rarely annoyed by such activity. It is the reverse, claiming to move in; getting a lower mortgage rate, then renting it out that causes problems.

Since affidavits of occupancy are not heavily regulated or governed by formal, industry-wide guidelines, they’re often originated in-house by the mortgage lenders or other real estate professionals. Thus, unlike the standardized HUD, there really is no uniform structure to the Affidavit of Occupancy. Actually it might just as well be called an Occupancy Certification, or similar. The only aspect that seems to appear with regularity is the need for the borrower to specify how they intend to utilize the property. This is generally done by initialing a specific paragraph, but some variations may call for a complete signature.

This form is a redundancy to similar assurances that appear in the Mortgage, namely, how the borrower intends to utilize the property that secures the loan. The occupancy statement contains strong language, 30 years in prison, fine of a million dollars, etc., per Title 18 US code Sec. 1001, and others. They are a separate document that the borrower cannot ignore, often notarized; and help the lender to charge a higher rate for loans that have greater risk. Typically, rental or investment property has greater risk. The difference can be half a percent that will be several thousand dollars or more over the life of the agreement.

They serve as an extra layer of protection against mortgage fraud and provide lenders with a clear chain of evidence that can be used to expose and prosecute such fraud. Whereas a homeowner might be able to make a plausible if unconvincing argument that he or she misunderstood the intent of the “occupancy question” that’s often buried within the structure of a mortgage settlement document, he or she has little chance of avoiding penalties for breaking an affidavit of occupancy. The affiants who “break” these (often) sworn statements risk being charged with mortgage fraud. At the very least the lender can demand full payment of all money due.

In processing this document care should be taken to be sure that all borrowers initial/sign the section that specifies the intended use of the property. Some lenders might require a non-obligor to also sign/initial. It’s probably a safe bet to have any signatory to the document also initial/sign the selection section.

It is the real intent of this document to curb the activities of those who wish to obtain property at a low mortgage rate for speculation or to become “little” landlords. Sometimes it takes years for the housing authorities and the lender to discover the fraud. Those false statements can and do incur harsh civil and criminal penalties. In addition to the mortgage fraud; housing violations are common. The form is simple and easy to understand. There really is nothing for the notary to “explain”. A notarized false statement is exactly that; in addition to being a crime.

You might also like:

The Signature Name Affidavit
http://blog.123notary.com/?p=16298

Ken’s Guide to Deeds of all types
http://blog.123notary.com/?p=16285

The Compliance Agreement
http://blog.123notary.com/?p=15828

Comments (2)

November 11, 2013

Affidavits — What do you need to know?

Filed under: Affidavits — Tags: Accompanying Sworn Oath, Affiant, Attestation Clause, Deponent, Financial Status Affidavit, How do I get an affidavit notarized?, Justice of the Peace, Notary Public, Sworn Oath, What is an Affidavit? — admin @ 10:48 pm

BLOG: Affidavits

What is an Affidavit?
An Affidavit is generally a document that has an accompanying Sworn Oath. The person who swears under Oath is the Affiant or Deponent. The person giving the Oath could be a Notary Public, Justice of the Peace, Court Recorder, Commissioner of Oaths, Judge, or other type of official who has the authorization and capacity to give Sworn Oaths.

What types of Affidavits are there?
There are many types of Affidavits. Many are for business. There are various types of Affidavits used in loan signings such as Signature Affidavits, and Occupancy Affidavits. A Financial Status Affidavit is also common in loan signings. For people who want to be able to come to the United States, sometimes it is necessary for a relative or loved one to sign an Affidavit of Support. Many people who lost their passports and can’t find their Birth Certificates sign and swear to an Affidavit of Citizenship.

There are many other types of Affidavits as well!
Jurats commonly have an attestation clause at the end certifying the fact that the affiant made an Oath and the date and signatures.

Other common types of Affidavits:
Affidavit of Heirship, Affidavit of Residence, Affidavit of Name Change, Affidavit of Service, Financial Affidavit, Affidavfit of Domicile, Affidavit of Death, ID Theft Affidavit.

What types of wording can you use in an Affidavit?
You can word an Affidavit any way you like, but if it is to be used as a legal document, please consult an Attorney. Additionally, please do not ask a notary public to draft documents, because many states have restrictions as to what a notary public is allowed to do, especially if it borders on what Attorneys typically do.

How do I get an Affidavit notarized?
Please find a notary on 123notary.com! We have 7000 mobile notaries throughout the nation waiting to help you. Just visit our find a notary page in the navigation bar above!

You might also like:

Index of posts about commonly notarized documents
http://blog.123notary.com/?p=20258

Notarizing a Name Affidavit
http://blog.123notary.com/?p=4711

Comments (0)

July 5, 2013

Notarizing a Name Affidavit

Filed under: Affidavits,Notary Acts & Certificates — Tags: Name Affidavit, Notarized, Notary Verbiage, Signature Affidavit, Signature Affidavit and AKA Statement — admin @ 8:57 am

Most loan document packages include a name affidavit which could also be called a Signature Affidavit and AKA Statement. There are many variations for what this document is called.

Or, should I say that there are many NAME variations for what this document is called?

In any case, this document is notarized the same way that any other notarized document is notarized, EXCEPT, that the signer is signing more than once.

In the notary verbiage, there will be the word name(s) and signature(s) — typically, for a notarization of a single individual, the (s) will be crossed on in both cases. But, on the Signature Affidavit and AKA Statement, the (s)’s should NOT be crossed out as a single person will have multiple name variations, and multiple signatures — one signature per name.

If the signer is a jazz musician, then the Signature Affidavit and AKA Statement might get really long with all of the name variations.

Here is a sample of some of the interior notary verbiage in a California Notary Acknowledgment Certificate Form..

….. On _________ before me, ________________________________________,
(name of notary public )
personally appeared _____________________________________________
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and who acknowledged to me that he/she/they executed the same in their authorized capacity(ies), and by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument….

You might also like:

Index of information about notarized documents
http://blog.123notary.com/?p=20258

30 Point Course Signature Affidavit
http://blog.123notary.com/?p=14356

The signature name affidavit – what it is an its purpose
http://blog.123notary.com/?p=22541

Comments (0)

December 9, 2011

Affidavit of Citizenship

Filed under: Public Interest — Tags: Affidavit of Citizenship, I solemnly swear that I am a citizen, Immigration Notary, notary work — admin @ 2:45 pm

Affidavit of Citizenship

This is a commonly notarized document. Sometimes a person will need a signed Affidavit of Citizenship to get an identification document created. There could be other purposes as well. The problem is that the person who needs this document, never seems to know how to write it, and always turns to the notary. It is unclear to me if this is considered a “legal document”, so it is unclear if it is giving legal advice when helping someone draft this type of document. In Florida, a Florida notary shouldn’t assist anyone draft any document since rules are more stringent there about what is considered legal advice. Below is wording that I typically used when I helped people draft these types of documents.

Sample wording for Affidavit of Citizenship

I (name of affiant) solemnly swear that I am a citizen of the United States of America, so help me god.

—————————–
Signature of affiant

(attach jurat certificate wording or a loose jurat certificate here, or have this notary verbiage written on the loose jurat certificate if there is space provided)

If you feel that it would be giving legal advice to dictate how this verbiage should be spelled out, then you can assist the signer (affiant), but asking him/her this question. What do you want this document to say? For example, “I solemnly swear that… what?…”. Then they will give their answer. Then you can vaguely say, “Then you might consider writing what you just said, although I can not advise you on this matter”.

You might ask the signer to have this document typed out with a signature line BEFORE you go to the appointment if you are a mobile notary. Once again, the Affidavit of Citizenship is a common document, and you should expect to see it regularly during your notary commission if you do notary work for the public.

Note: There is no such thing as an immigration notary, however, Affidavits of Citizenship might be related to the immigration process.

You might also like:

Affidavit of Citizenship on Modern Family
http://blog.123notary.com/?p=10989

Affidavit of Support & Direct Communication w/the Signer
http://blog.123notary.com/?p=7084

Affidavit of Citizenship 2016 Edition
http://blog.123notary.com/?p=18847

Notarized Affidavit Information
http://blog.123notary.com/?p=1963

Comments (0)

December 3, 2011

Notarized Affidavits Information

Filed under: Affidavits,Public Interest — Tags: Affidavit Notarization, Affidavit Notary, How do I get an affidavit notarized?, Notarized Affidavits, Notarizing Affidavits, Sample oath for a notarized affidavit — admin @ 3:28 am

Notarized Affidavits

There are many types of Affidavits that show up before notaries throughout the country. Commonly notarized Affidavits include: Affidavits of Citizenship, Affidavits of Support, Business Affidavits, Affidavit of Occupancy, Signature Affidavits, and Affidavit of Financial Status. The main thing to understand about Affidavits, is that they are normally notarized using a Jurat certificate. However, the notary is not allowed to choose or recommend a particular type of certificate for the signer or client. However, it is not a crime to say that people “usually” use a Jurat when doing this type of notarization as long as you clarify that you are not advising them. Affidavits normally contain sworn statements In any case, affidavits usually contain a sworn statement or a Jurat certificate which by definition contains a sworn statement.

The signer is supposed to sign in the presence of a notary, and then raise his/her/their right hand and swear under oath that they consider the contents of the document to be true and correct, and that they will abide by the conditions in the affidavit (if there are any). I am generalizing what the oath should be about. It is up to the notary to make up an Oath, so make something up that makes sense under the circumstances. What is an affiant? An affiant is the person who swears under oath to the contents of an Affidavit. Administer an Oath Just for the record, a notary is a person who is in charge of various notary acts including administering an Oath. You might also use the word “give” in association with giving an oath, although it is more normal to use the term “administer”.

Sample Oath for a Notarized Affidavit
Q. Do you solemnly swear that the contents of this document are true and correct, and that you agree to abide by the terms in this Affidavit?
A. I do.

Where can I find a notary to notarize an affidavit?
Just visit the advanced search page of www.123notary.com and you can find many choices of notaries in your area anywhere in the United States.

You might also like:

See our string on Affidavits
http://blog.123notary.com/?s=affidavit

Oaths — how Notaries completely screw them up
http://blog.123notary.com/?p=19369

Affidavit of Support
http://blog.123notary.com/?p=17528

The Signature Name Affidavit
http://blog.123notary.com/?p=13190

Airline Meals vs. Oaths & Affirmations
http://blog.123notary.com/?p=19549

Comments (0)

January 10, 2011

Notary Cheers Part 2: Sammy gets a name change notarized

Filed under: Sit-Coms — Tags: Cheers, Notary — admin @ 7:12 am

Please read the part 1 of this blog entry so you are aware of the context. Sam has to run to the county clerk to get his name change form, so that he can check into a hotel room anonymously with his girlfriend without a paper trail leading back to him. Diane needs to have an Oath for Carla stating that she will stay out of Carla’s hair in exchange for a shift switch.

DIANE: Sam, where are you going?

SAM: I’m running late. I need to get to the County Clerk’s office and get back here for my next shift.

DIANE: Just eat something and run over there. It’s only a fifteen minute walk. And it’s sunny today.

CARLA: Yeah, it’s sunny now. But, it’ll be a lot sunnier if certain people swear they’ll stay out of my hair, and get that Oath notarized.

CLIFF: (snickering under his breath) Who wouldn’t want to stay out of that Brillo Pad?

CARLA: (yanking on Cliff’s hair, causing him to wince) At least my hair isn’t about to be yanked out!

DIANE: Can’t you two save your antics for the playground?

CARLA: Relax. I’m not about to let your hair fall out. The bleach you’re overusing beat me to it.

DIANE: It’s not bleach. It’s the sun! Sam, I will get the Oath notarized at 8pm tonight. Scout’s honor! (raising her right hand)

SAM: Better not swear to the Notary it’s the sun. (Gang, except for Diane, chuckles) Gotta go.

Sam walks down to the County Clerk. The line isn’t that bad. Finally, it’s his turn.

CLERK: Purpose of ya’ visit sir?

SAM: I’m gonna need a name change form.

CLERK: Are ya’ sure you wanna change ya’ name? “Sam” sounds pretty good to me. Why ah’ you doin’ this?

SAM: I need to check into a hotel with my new girlfriend, but she’s married, and… I don’t want a paper trail leading back to me. It’s a long story.

CLERK: This never came from me — and I’m not recommendin’ it neitha’, but the easiest way to sneak around isn’t to change your name. It’s to get a fake ID.

SAM: A fake ID?

CLERK: Shhhh. I’m supposed to have ethics, so I can’t recommend doin’ that, but if you change ya’ name, there ah’ strings attached. A fake ID might get you in a little trouble, but you ahn’t hurting anyone, so the cops will go easy on you.

SAM: Can I change my name back if the relationship doesn’t work out?

CLERK: I’m known in town as the most helpful guy eva’ to work in a gova’ment office. I’ll tell ya’ one thing. You can do name variations too. Fa’ loan documents, they have a signature affidavit and AKA statement where you list all the names you’ve been known by in the past. You could get a name variation, and have an ID that represents one of ya’ names.

SAM: Wow. And I thought counting the notches on my bedpost was complicated. But I think I’m catching on. I like this. So, um, how do I do a variation?

CLERK: Here’s a form. By havin’ this form, you can get a second state issued ID, not a driver’s license but a state ID. It’s all legal ya’ see. That document is all ya’ need. For an alias, address, legally, you will need to open a post office box. But, the box would be traceable to your current name. Get the form notarized, then get the mail box, and then get ya’ ID — in that order, otha’wise you’ll screw the whole thing up!

SAM: I like that. Thanks a bunch. You saved my life and my relationship.

CLERK: What number notch will that be?

SAM: I can’t count that high.

Back at Cheers…

DIANE: I’m done typing up my official Oath. I, Diane Chambers of sound mind and body, residing at 54 Beacon Street, Boston, MA 02108, solemnly swear that I will not get in Carla’s proverbial hair. I will not bother her, harass her, nor will I nag her for any light and transient reasons, or even serious reasons for that matter. I included room for a signature, a date, and notarial verbiage.

CLIFF: I think there’s one thing you forgot, there Diane. You’re swearing never to bother her again for the rest of your life. That’s kind of a long time. After all, you’re still kind of a spring chicken.

DIANE: Thank you, Cliff. I think.

CARLA: Since when do spring chickens have barely visible breasts?

SAM: I’m back and I’m about to fill out the name variation document. Oh, and Carla, Diane happens to be very sensitive about her age — so mum’s the word.

WOODY: Mum’s the word, Sam? That’s what I call my mom, and she’s way older than Miss Chambers.

DIANE: You heard Woody, Sam. Pick another word.

SAM: How’s about “ageless”?

DIANE: No, Sam! That’s how they refer to people who already are old!

SAM: Okay, I’ll stick with “annoying.”

EVERYBODY: Norm!!!

WOODY: How’s it hangin’, Mr. Peterson?

NORM: According to Vera, it’s “barely.” Hey, Sammy, did you get that paperwork?

SAM: It’s all complete! And soon to be notarized!

NOTARY: I’m going to need a beer. Sorry I’m late. I kept looking for the bar where everybody knows my name.

DIANE: And we’re always glad you came.

CARLA: Please, don’t start singing.

DIANE: Here is my Oath verbiage — verbatum!

NOTARY: There’s nothing I love more than a prepared customer except for two things.

SAM: That high I can count. What?

NOTARY: A beautiful woman, and a cold one, but not necessarily in that order.

CARLA: (slamming Diane) Don’t you mean one thing?

CLIFF: Isn’t it, uh, illegal to notarize under the influence? It’s a little known fact that in ‘62 a notary who had a taste of the sauce mistakenly notarized JFK’s letter to Marilyn Manson instead of Marilyn Monroe.

NOTARY: It’s only illegal if your signer is intoxicated. You can be drunk, although it is highly discouraged in the Notary community. There is no law against it. The signer has to be of sound mind to be notarized, otherwise they might sign all their money away to a con-man, or worse.

CARLA: What could be worse than that?

NOTARY: They might sign their money over to their greedy family. It happened to me once notarizing an elderly lady who was in a hospital. They drugged her right before the signing. I had to go to court on that one and testify that she looked a bit out of it although I hadn’t been informed that she’d been medicated. I could’ve gotten in a lot of trouble on that one.

NORM: Good thing you didn’t. But isn’t it true that if you didn’t know the signer was medicated, you’re off the hook even if they seemed like they might have been medicated but didn’t make it too obvious?

NOTARY: (To Woody) One Sam Adams please. In these hospital signings, you can never be too careful. Even if you’re off the hook, that day you spend in court is enough to frazzle even the most diligent of notaries!

WOODY: See, that’s where you and I are different. I can be too careful. Like when I was too careful about not stepping on a crack that could break my mum’s back.

CLIFF: What happened, Woody?

WOODY: I accidentally stepped on her toe instead.

SAM: If I were a Notary, I’d look them over from head to toe. Make sure they seem “sound” to me.

CLIFF: That’s what he does with every female under 35 who waltzes in here. He’s good at that.

NOTARY: Okay, I feel ready. I’ll finish the other half of my beer after Diane’s docs. I’ll put the beer to the right — no breathing on it, and your docs to the left. Let’s see if the table is nice and dry?

DIANE: Oh, I brought a clip-board for that. I don’t want my documents touching that petri dish of a bar.

NOTARY: Can I see your ID ma’am?

DIANE: Oh, here it is.

NOTARY: Hmmm. (loudly) 1947, what? You don’t look a day over 35. How could this be….

CLIFF: The secret’s out! The cat’s out of the bag!

CARLA: So the stick is old enough to run for President! I knew that makeup was covering up your “gravitas.”

DIANE: Hear me now, Carla! And hear me, everyone! I am far too young to be President!

CLIFF: You can run for leader of the free world if you’re 35, Diane.

NORM: Wow, Sammy. Who knew you liked older women?

They all laugh.

DIANE: (to Notary) Some things are supposed to be private! One’s age… hair color…

NOTARY: I’m so sorry.

DIANE: Oh well. (sniffle) At least, we can get this form notarized.

NOTARY: Do you solemnly swear that you agree to the terms in this document, and that you will not get in Carla’s hair?

DIANE: As things happen to currently stand, very “solemnly.” (raising her right hand and looking dismally at the floor) Yes, I do (sniffle)

NORM: I now pronounce you Notary, and wife!

CLIFF: I’ll drink to that!

SAM: What about my form?

NOTARY: Let me have the other half of my beer.

NORM: Now that she said I do, your other half is right there!

DIANE: You know I’m still with Frasier, Norman.

NORM: Don’t worry. We won’t tell him you’re robbing the cradle.

DIANE: In answer to “how’s it hangin’,” “it” is about to be your neck!

NOTARY: Okay, I’m ready for Sam. Bring it over. No spilling drinks on the documents people! I mean that!

SAM: Here it is.

NOTARY: Okay, now for this signature, you sign your name as Sam, but on this next signature, you sign as John Doe. Do you think you can do that?

SAM: I’m not great at remembering names. But, sure, I think I can handle it…

NOTARY: Your notarization is complete Mr. Doe.

SAM: Sweet!!! I’ll tell Veronica!

CLIFF: Just don’t tell her husband your old name. Or your new name’ll be “mud.”

NORM: So, what do we owe you?

DIANE: No, you don’t have to do that.

NORM: It’s the least we can do after the humiliation and grief we’ve caused you.

NOTARY: I’ll tell you what. Another beer, and $30. We’ll call it even.

SAM: I’ve never said this to anyone, but, you’re my kind of Notary.

NOTARY: Do you really mean that?

SAM: I do.

NORM: Now, it’s a threesome! Sammy said, “I do” too!

You might also like:

Part 1 of Notary Cheers: Sammy gets a name change notarized!
http://blog.123notary.com/?p=10016

Seinfeld Episode about a Notary
http://blog.123notary.com/?p=6616

Two and a half notaries: Detering notary fraud
http://blog.123notary.com/?p=10452

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November 30, 2010

CW’s When ID and Docs Have Different Names

Filed under: Credible Witnesses — Tags: credible identifying witness, credible witness, credible witnesses — admin @ 8:56 am

Credible Witness Discussions on the Forum

Here are some excerpts for discussions about credible witnesses on our forum. Please remember that many states require the signature of a credible witness in your journal and that roughly 90% of states allow credible witnesses to identify a signer. Its a great idea to also record the identification information on credible witnesses as well as getting a phone number recorded just in case. Don’t forget to administer your oath to the credible witnesses asking them to swear that the person in front of them is Jimmy Doe! These commentaries are taken from a forum post. Please feel free to scroll to the bottom and click on the link to see the original post.

Use of CW’s when ID and Document have different names

Larry Said:
It has been suggested that credible witnesses would be an appropriate method to establish the idenity of a signer when the docs had the name printed as James Doe, and they had to be signed that way, and the drivers license the borrower presented had the name Jimmy Doe. My take on this is that credible witnesses could NOT be used but that reasonable reliance on the drivers license photo, description and signature match would allow me to notarize the signature as James Doe. Am I wrong here? I’m in California.

Deborah Bond Said:
I have had this exact situation previously. I was lucky. Docs as James, ID as JIMMY. I asked for additional id and was handed Passport, Social and birth certificate and was shocked to find Passport said Jimmy, Social James and Birth James…Hence I had plenty of info stating Jimmy was James.

I did not get copies of all this but called my contact LO and advised of name issue and that LEGALLY his name was JAMES but 1/2 ID said Jimmy and they wanted copy of the DL…which had the wrong name. Per the LO his ID Affidavit showed both names when we were done and on the copy of the drivers lic we had him state that is is known as Jimmy and had him sign as James…

Now if he had not the additional id’s I would have had to adjourn because in Massachusetts CW are not a viable option. CW needs to be known to both the NOTARY (highly unlikely) and the person being id’d. The chance of that is slim. I liken it to asking my neighbor Bob (who I know) to ID another neighbor Chris who I know but has no ID. Chance is unlikely that would EVER happen.

Joe Ewing Said:
You are correct Larry but Jimmy goes on the Acknowledgment. The AKA statement that the signer signs under oath would have him signing as Jimmy and James. Credible witnesses when told that they must swear under penalty of purgery (a felony) punishable by 2-4 years in prison that their neighbor goes by a nickname will generally refuse to cooperate and rightly so.

I have used credible identifying witnesses on many occasions. When the signer has an expired ID or no ID at all a credible witness is necessary to establish the current identity of the signer without satisfactory ID.

* Missuse of credible witnesses by Notary Signing Agents

The credible witness codes were NOT created to determine the correct spelling, the presence of a middle name, whether the signer is a junior or a nick name is the real name. When a signer has a current acceptable ID that shows a slightly different spelling of the signers name that is printed on a set of loan docs, it is not appropriate to call two neighbors into a notarization to swear (a felony) not to someones identity but that the signer is actually a junior or that Joe is actually Joseph. That act by the notary in itself is inapproriate.

You (NOTARY) are looking at a picture, a description and a signature. It is the Notarys duty to make a resonable determination as to the identity of the signer based on that current satisfactory ID presented to him. If the notary is unable to do that then the notary should resign his commission.

Shannon Said:
Joe, I’m concerned that you seem to be indicating that there is somehow some discretion by the notary on whether to notarize. I prefer to rely on what is more black or white. The ID is going to be what the ID is….I would never feel comfortable with a name that is even partially different. Although I can’t quote exact statute, I seem to recall that credible witnesses are not to be used for “convenience of the signer” for example: If the signer left his ID across town….. Any thoughts on this?

You might also like:

Credible witnesses – the ins and the outs
http://blog.123notary.com/?p=19634

Credible witnesses – the process explained
http://blog.123notary.com/?p=16695

Notary Public 101 – a comprehensive course about Notary work.
http://blog.123notary.com/?p=19493

Identification for being Notarized
http://blog.123notary.com/?p=19507

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November 17, 2020

“Oh, just shut up and do you job!”

Filed under: Carmen Towles — admin @ 8:37 am

Originally published in 2019

As a notary public myself, I can not tell you how many times I have heard, “Just shut up and do your job”. Other notaries over the years have expressed hearing the same. Usually, this will come form an uninformed loan officer or realtor. Or just someone that wants you to break the rules for them with little regard of the consequences for the notary. But what is more disheartening is when one notary says it to another.

I recently got a call from a notary friend who had such an experience. This notary was asked by a lender to notarize a document in a spousal state that the other spouse was instructed by the lender that they didn’t need to sign. My notary friend knew this was not legal and since she was aware of the law she refused to complete the assignment. The notary then reached out to one of her other notary friends, who told her to just ‘shut up’ and notarize the documents and also added for good measure; “Who do you think you are?”, ‘“You are just a notary?”. This upset my friend greatly, hence the call to me. I let her know immediately IMHO as far as I am concerned she had done the right thing.

Listen, we are government officials and IMHO, if we know something to be illegal (or unethical) you cannot in good conscience continue with the process of notarizing. We are supposed to be protecting the public. Not aiding and abedding folks trying to pull a fast one. And sadly, we eventually all come to realize, the mortgage industry is riddled with deceit and fraud. So, my rule of thumb is to think about how would I answer and defend my actions, if I were ever called to court and had to get on the stand and a judge asked me, if i knew something to be illegal, or unethical, how would I defend my actions?

And for another notary to insult another because they did what she/he thought or felt was right IMO was not fair. We are all responsible for our own actions. We all have to do what we feel is right and must be able to defend our actions if comes down to that. And for me the bottom line will be if I can live with what I have done and can I sleep at night.

I would love to hear with some of the rest of you feel about this.

You might also like:

Carmen’s guide to the Signature Name Affidavit
http://blog.123notary.com/?p=22541

Show me the money
http://blog.123notary.com/?p=22537

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