Your Legal Name and the Notary
Your legal name is exactly what is on your birth certificate – unless changed by a legal procedure. Sounds simple, but you would be surprised just how much trouble folks can get themselves into when they stray from their legal name. “But that is how I prefer to be known”, the client tells me when they sign “Billy Smith” rather than the “William Smith” that is on their drivers license. Sometimes the situation gets really ugly. “Billy” may be the name “on title” (due to a careless notary when the property was bought) – but a sharp notary (when it comes time to sell the property) – will not notarize “Billy”! There are procedures, using “Also Know As”, but they raise eyebrows during processing.
Middle names can be a big problem. As a New York Mobile Notary Public I often have the problem of “under ID” when notarizing. The document has the middle name or initial and the driver’s license lacks the middle name/initial. Technically, the client is in an “under ID” situation and has not proved the name on the document. The best and simplest policy is to use one format of your name in every case – consistently. Another name related problem is “stage names” – many of my clients are performers and often want to use their “stage name” on a legal document. “Sorry, but you are Arnold Green, not “The Amazing FlameEater” – I actually must remind them to use their real name.
Perhaps the strict notary laws affect my perspective. I am Kenneth A Edelstein and must sign exactly the name on my notary license. Furthermore, I must sign it exactly, (or nearly so), the way my signature is recorded on my Notary commission. Fortunately, as a notary, I am not required to have your actual signature match that 10 year old driver’s license signature. Being certain of your ID is all that is required. However, it is probably a good policy to try to maintain your signature’s format – to the extent possible.
There is one odd situation where an illegible “squiggle” is actually helpful! When the document calls for a middle initial/name and the “squiggle” is unreadable – then I ask “did you sign your full name – including middle name/initial?” A “yes” reply allows me to accept that “squiggle” as the full name. But, if the signature is clearly readable – and a portion “under the line” – is missing from the handwritten signature “over the line” – then I must ask you to resign with the complete name!
