SECTION 6: Establishing Identity

No matter which type of notarial certificate is being used throughout the loan document signing process, the Notary Signing Agent must first establish the positive identity of the borrower. There are two basic ways in which the Notary can establish the signer's identity:

1. "Personally known," and
2. "Satisfactory evidence."

Acceptable Forms of identification

Following are acceptable forms of identification for the Notary Signing Agent to be familiar with:

• A state identification card or driver's license issued by the public agency authorized to issue driver's licenses;
• A passport issued by the Department of State of the United States;
• A passport issued by a foreign government if the document is stamped by the United States Immigration and Naturalization Service;
• An identification card issued by any branch of the armed forces of the United States; and
• An identification card issued by the United States Immigration and Naturalization Service.

When using ID cards to establish proper identification, the Notary should perform a careful examination to detect any possible alterations, such as a raised photograph.

Personally Known

As you already know, "personally known" means having an acquaintance derived from association with the individual which establishes the individual's identity with at least a reasonable certainty. It does not mean that a friend of yours knows this person or that the lender identified the person. It means that YOU know this person - personally.

During your appointments while performing as a Notary Signing Agent, you may never run across a situation wherein you actually personally know the borrower. Therefore, you must acquire "satisfactory evidence" of the person's identity.

Satisfactory Evidence

The term "satisfactory evidence" means that there is an absence of information, evidence, or other circumstances which would lead a reasonable person to believe that the person making the acknowledgment or affirmation is anyone but the person who he or she claims to be. Satisfactory evidence should be established at the onset of the signing appointment, typically through the production of a valid driver's license. When using ID cards for identification, the Notary should perform a careful examination to detect any possible alterations, such as a raised photograph. The Notary Signing Agent must verify the ID photograph and the person's signature.

When you first arrive at your signing appointment and begin interaction with the borrower, ask to see the proper identification. After comparing the photograph with the person, keep the identification available so that you can also compare signatures when the time comes.