“Why won’t you just notarize it for us?” This is never an easy question. This time it was asked by a woman who was anxious to finalize the purchase of a home. And she was becoming increasingly frustrated because of the obstacle in her way.
The closing appointment had not gotten off to a good start. It was a rainy day, and the couple had arrived late. So I got right down to it. “Can I see your ID?” I asked as we sat around the table in the Realtor’s office. The wife handed me her valid Florida Drivers License then her husband handed me his passport.
“This is a foreign passport,” I stated. “Was it stamped by U.S. Immigration when you entered the U.S.A.?” I asked him.
“No,” he replied.
I looked through his passport to confirm that it indeed was not stamped by U.S. Citizenship and Immigration Services (USCIS). In the State of Florida, a Notary may identify a signer through a foreign passport only if it has been stamped by USCIS.
I asked him if he had any other forms of identification. He did not.
Before going any further, I stepped out of the room to call the title company. They were frustrated by the news but agreed that we could not proceed with the closing.
I knew that this news wasn’t going to go over well.
I calmly explained to the Realtors and the buyers that I was not able to accept his passport and would be unable to notarize the documents for their closing.
They all got angry and argumentative about what is a valid ID. So I called the NNA Hotline on speakerphone and asked the representative to list all acceptable forms of ID that a Florida Notary Public is allowed to accept.
After the phone call, one of the Realtors asked me, “What if they are not really married?”
Surprised by this question, I told her that if they were not married then he didn’t have to sign. But since they are legally married, and the title company and lender have them listed on the documents as husband and wife, he’ll need to sign. She then suggested we, “just cross off his name from the documents.”
I explained to them that Florida requires the spouse to sign the spousal documents of a loan on a property that is, or is going to be, the couple’s primary residence. One of the required Florida spousal documents is the mortgage which needs to be notarized. Therefore we could not just cross his name off the documents.
Then the situation really got tense. The wife asked, “What if I file for a divorce?”
Shocked by the question, I told her even by doing that this would still not close today.
“Why won’t you just notarize it for us?” she snapped.
With that question, I decided enough was enough. I wasn’t going to be pressured or tricked into notarizing their documents, so I left the closing.
I called the title company, and they agreed that this was not okay. The closing couldn’t happen without the husband presenting a valid ID.
I still don’t know the truth about their marriage, how or why he got into the U.S., or what happened with their closing. But, I do know that I didn't want to be pushed into breaking the law or doing an illegal transaction.
How would you handle this situation? Share your thoughts below or on our social media pages.
Amanda Doumanian Reeves has worked as a mobile Notary in Tallahassee, Florida, for five years and helps run a thriving business, A Notary on the Go, with her family.
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Is A Social Security Card Considered A Valid ID For Notarization?
Types Of ID That Notaries May Accept Under New State Laws
What If The Name On An ID Doesn’t Match The Name On The Document?
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Additional Resources:
Notary Law Primers
ID Checking Guide: US & Canada
Notary Essentials