One Person, Many Names – Quite Legal
As I write this blog entry, I mentally kick myself for being so positive, for so long, and so wrong. For well over a decade I have been a notary. It has always been my firm belief that any person, at any point in time has only ONE legal name. I am positive many will disagree with what follows. However, read and consider my arguments and those of my licensing authority; on this topic. You just might change your mind too.
The start of today’s awaking came with a routine set of loan docs. Routine, yes, but with a twist. The bank docs had the lady’s married name, title had her maiden name. I am not sure if the names are due to a recent marriage or a recent divorce; however that really does not matter. I spoke to the women in question and she confirmed that she possessed current and valid driver licenses in each name. My usual question would have been – “What currently is you correct legal name?” However speaking to the NY County Clerk’s office really opened my eyes.
“You can notarize any name that can be supported by proper government issued photo ID”, was their guidance. They added that a totally different name (different first name) would also be acceptable under a specific example (which they elaborated upon). Stepping back from the woman’s marital/name issue a bit. Suppose she emigrated to a foreign country, and in the process received a passport from that country, let’s say Israel – in her “traditional” historical family name. Now she has three “rock solid” ID’s – all different. And, according to my contacts at the New York County Clerk’s office – all of them qualify for being notarized!
My head was buzzing at the end of the signing. I gave her the notary oath twice! Once for each of the two names! I told her that this was a first for me, and went against all of my years of preconceptions. I have had similar situations in the past and fought tooth and nail with title and escrow about “their” problem. I was a staunch “one name at a time” person.
Don’t get me wrong. I am not advocating accepting “stage names” or contractions, or missing Jr.’s or Sr.’s etc. I still require government issued – valid and current – photo ID. And, of course that photo ID must exactly (or more) match the name to be notarized. But my acceptance gate has opened a bit. Now if the affiant can prove “each” name – I can notarize them. Your state regulations many differ. Here in NY State the guideline is a bit vague. It mandates the notary to see “adequate proof” and leaves it to individual notaries to determine in their own mind what is acceptable.
The big change for me is that it is no longer “only one”.
Comments(2)