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Notary Bulletin

Notary Signing Agent Document FAQ: USA PATRIOT Act CIP Forms

Sample USA PATRIOT Act CIP Form for Notary Signing Agents

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 Signing Agents must deal with a wide variety of different documents during a loan signing, and many of them come with particular or unusual instructions. In this article, we answer frequently asked questions about the USA PATRIOT Act Customer Identification Program Form.

What is the purpose of the USA PATRIOT Act CIP Form?

Signed into law in 2001 in the wake of the 9/11 terror attacks, the U.S. PATRIOT (Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act established measures to prevent, detect and prosecute persons engaging in money laundering and terrorism. In 2003, regulations to implement Section 326 of the Act required all financial institutions to establish a Customer Identification Program (CIP) for identifying all new account holders. This requires financial institutions—including banks and other lending institutions — to have a written procedure in place to establish the identity of customers, including home loan borrowers.

Because Notary Signing Agents must already positively identify borrowers during a loan document signing to execute acknowledgments on a mortgage or deed of trust, Signing Agents are often asked to complete a USA PATRIOT Act CIP form to certify the NSA properly identified the borrower at the signing appointment. Completing this form helps financial institutions, including the nation’s mortgage lenders, to fulfill their PATRIOT ACT regulatory obligations.

Are there other terms for a USA PATRIOT Act CIP Form?

Yes. It may be included in a loan package under other names, such as “Verification of Customer Identity,” “PATRIOT Act Information Form,” or “PATRIOT Act Disclosure — Borrower Identification,” among others.

What types of loan document packages include a USA PATRIOT Act CIP Form?

These forms have been regularly included in various types of loan packages since 2003.

Does a USA PATRIOT Act CIP form require notarization?

No, it does not. But because a Notary Signing Agent is present at the loan signing involving a lender’s loan, the NSA represents the lender in obtaining the information required in the form.

What information is required to complete a typical PATRIOT Act form?

Typically the Signing Agent will be asked to complete the following information on the form:

  • The name of the borrower(s), along with other information such as the borrower’s date of birth, Social Security number or tax ID number.
  • Information about any identification documents used to verify the borrower’s identity, such as the type of ID, the ID identification number, and the date of issuance and expiration for the ID. Some forms may also ask the NSA to include the state or organization that issued the ID.
  • The Signing Agent must sign a statement (under penalty of perjury on some forms) that the Signing Agent viewed and accurately recorded the borrower’s identification information and has reasonably confirmed the borrower’s identity.

David Thun is an Associate Editor at the National Notary Association.

 

 

 

15 Comments

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Audra Odom

21 Dec 2020

thanks for the useful information...

Theodora

21 Dec 2020

Which is the preferred title used when signing the Patriot Act? Is it Notary Public, Signing Agent or Notary Signing Agent?

National Notary Association

05 Jan 2021

Hello. We recommend NOT to use the title “Notary Public” on this form. This is because when an NSA complete this form, he/she is not doing in the capacity as a Notary. As such, the title “Notary Public” should not be used, and should only be used when completing an authorized notarial act.

Ardel Richter

22 Dec 2020

Many of these forms require that the NSA add their title. Some request that the notary use 'Notary Public' as their title. What does the NNA recommend?

National Notary Association

05 Jan 2021

Hello. We recommend NOT to use the title “Notary Public” on this form. This is because when an NSA complete this form, he/she is not doing in the capacity as a Notary. As such, the title “Notary Public” should not be used, and should only be used when completing an authorized notarial act.

Dawn

23 Dec 2020

I am pleased to see this article. I questioned this form on my 1st loan signing. I had the client sign instead of me after I added their id's.

P. Boger

25 Feb 2021

I just did a signing for a HI property. WIth Guaranteed Rate as the Lender - The lender is threatening to not complete the transaction because I am not able to notarize my own signature on the Patriot Act Form. This was a $200 fee for me - and a significant loss of money for me for time & printing. I just don't understand how the lender can be upset that I can't notarize my own signature on the patriot act form. Has anyone else run into this before? To add to the weirdness of this - the lender had added a (seal) and My Commission Expires line on the document with a type writter (from what I could tell). Please tell me I am not insane for not being able to notarize my own signature. I did offer to apply my stamp and then line through it - so that it wasn't a valid seal. Thanks for any help or comments.

Keith

28 Feb 2021

You are correct. I've never come across a lender requiring this doc to be notarized. Perhaps a solution could be to have the borrower sign the Patriot Act document and then you notarize it?

Jonathan

14 Mar 2021

How do I complete this form when the signer has no valid form of ID? Shouldn't the loan officer or the title company have addressed this issue when the borrower/signer applied for the loan/refi?

National Notary Association

15 Mar 2021

Hello. If you encounter a situation where a signer has no satisfactory proof of identity for a loan signings, you should contact the lender, loan office or signing service to request instructions.

Thomas Flynn

31 Mar 2021

What is a qualifying "Organizational Membership Card"? Is there mores in depth training on this form you are aware of?

National Notary Association

01 Apr 2021

Hello. An example of an organization that issues an ID would be a state motor vehicle department issuing a driver's license.

Cindy Krah

07 Apr 2021

Are NSA’s required to complete the patriot act on a co-borrower whose husband signed for her as attorney in fact? She was not present at the signing.

National Notary Association

08 Apr 2021

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Elijah Echiribel

14 Apr 2021

Honestly this is not true on all aspects. You do not change hats in the middle of a loan singing, you are certified and bonded with your states as a Notary Public, not a Loan Singing Agent, that is just a certificaion that you can obtain, Most All Lenders Escrow and Signing Service do not care if you are a LSA. You should not be telling Notaries to sign with Signing Agent after their name as Most will be rejected by the lender on forms such as the Patriot Act. Your are not performing a notarial act when you fill out an ACK or Jurat. With that said.... Notarial services generally include: • attesting the signature and execution of documents • authenticating the execution of documents • authenticating the contents of documents • administration of oaths and declarations • presenting bills of exchange for acceptance and payment • attending upon the drawing up of bonds • providing documents to deal with the administration of the estate of people who are abroad, or own property abroad • authenticating personal documents and information for immigration or emigration purposes, or to apply to marry, divorce, adopt children or to work abroad • verification of translations from foreign languages to English and vice versa • provision of notarial copies • preparing and witnessing powers of attorney, corporate records. • authenticating company and business documents and transactions This includes Authenticating or certifying the singers Form of ID's

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