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The signer's ID is a very important aspect of your notary responsibilities. Don't let the clients try to tell you what you can or cannot use as ID. Know your state laws. Often signers, especially the elderly, may have a problem with obtaining proper ID but it is imperative that you do not back down on this very important issue. It is recommended that you ask for the ID right up front. If ID is not available, your state may allow you to use credible witnesses. Again, it cannot be stressed enough, KNOW YOUR STATE LAW. This will immediately settle the fact that the borrower has a valid ID and the name on the ID is sufficient to establish the identity of the person signing the loan documents. The ID is only to establish identity and does not necessarily have to be the name exactly as is appears on the documents. However it is IMPORTANT that the name on the ID must match or exceed the name signed on the loan documents particularly the deed. For example - if the ID says JOHN DOE SMITH, the borrower can sign John Smith or John D. Smith. However, if the ID says John D. Smith the borrower cannot sign John Doe Smith because the ID is not sufficient to prove they are one in the same person. Additional ID must be presented to prove that the D stands for DOE and not DAVID or something else. Check your state laws to see what is acceptable as alternative ID. Good guidelines for allowed ID's include state driver's license or state issued non-driver ID's, US or foreign passports and US military ID's. In general the ID must contain a photo, physical description, signature and identifying number. Some lenders will dictate what is valid ID for their loan purposes but this does not supersede notary law - so KNOW YOUR NOTARY LAW! If the name on the ID is substantially different than that on the documents, it may be necessary for the borrower to provide additional documentation or sign with an AKA. For example, the documents show that the borrower should sign Mary J. Black but her ID shows Mary J. White because she just got married and she has not updated her driver's license. Notary laws recommend that she sign Mary J. Black AKA Mary J. White and then you would put Mary J. White in the notary certificate. As this is very impractical for lending purposes - you could notarize Mary J. Black if Mary could provide proof of her marriage and name change that would satisfy your ability to determine identity. |