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April 23, 2015

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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April 17, 2011

Seal Forgery – it happened to me!

Seal Forgery – it happened to me
I notarized a set of loan documents for a company back in 2003. It was a regular signing and nothing went wrong. You know how companies sometimes request that you send them another “Jurat” if the stamp isn’t clear on the initial one? California notary law requires that certificates be attached to the original document for security reasons. This means stapled. But, the loan companies protest whenever you ask them to send you back the document and ask why you are being so difficult. For many signing companies, the idea of obeying laws means you are being difficult. The company that forged my stamp did not ask for a loose Jurat, they were in a hurry and pulled a fast one.

I heard about it from a third party
A third party contacted me asking if I had notarized a loan package for a particular borrower. I couldn’t find the information in my journal for the specified dates, or even for the specified month. We figured that it must be a company that I had worked for before that had an impression of my seal on one of their loan documents, since I didn’t notarize that particular borrower’s loan that was in question. We had to be detectives to figure out what had happened.

Copying my seal
This company copied an impression of my seal that was on someone else’s loan, and copied it onto an Acknowledgment certificate for an entirely different loan that I had never had anything to do with. It was hard to tell since photocopiers are so good. I asked the third party to send me the notarized document and its Acknowledgment certificate. The forging job was so pathetic, it was funny when I saw it. The seal looked legitimate to my eyes, since I couldn’t tell it was copied. However, there were tell tell signs that I had not notarized this document.

(1) I always used an embosser on every page of every document. Embossers leave a raised impression in the paper. This document had no raised seal on it.
(2) The signature was a very girly signature which didn’t match mine even slightly. The lines of the signature were very curly and the i’s were dotted with cute little circles that only a girl would make like that.
(3) The acknowledgment certificate wording didn’t have the he/she/them and (s) verbiage crossed out where appropriate indicating that the person who fudged this job couldn’t have been a notary, or at least was a really pathetic notary.

I told them:
After I saw this pathetic attempt at something which is not even good enough to qualitfy as forgery, I told the third party that I had definately not notarized this and that it was fraud. Additionally, there was no journal entry to back up this job, and I took journal entries for all transactions in all cases.

My advice
If you always use an embosser on all pages of all documents, you deter the switching of pages after the fact on documents you notarized. You make it almost impossible for someone to get away with forging your notarizations. Additionally, you impress your clients with how thorough you are which can gain you more business. An embosser is less than $40, so get one today! Some states will require a government issued authentication of permission to get an embosser, so apply now!

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