How Should Notaries Handle Name Discrepancies Between ID and Documents?

As a notary public or signing agent, you may occasionally encounter a scenario where the name on a signer’s identification doesn’t match the name on the documents. One such case involves a signer whose ID shows her married name, but the documents show her maiden name—despite being married for decades. This situation raises serious questions about proper identification, document integrity, and your role as a notary.

A notary uses an embosser to certify a document

The Notary’s Responsibility: ID Must Match the Name Being Notarized

Fundamentally, your duty is to verify identity as presented on a government-issued ID and ensure that the name on the documents matches the name on the ID—not the other way around. When this doesn’t align:

• Do not advise the signer to cross out or change names on legal documents.

• Do not proceed with notarization if you're unable to confirm the identity as presented in the documents.

• Do not assume that long-term usage of a married name overrides the legal implications of mismatched documents.

  
  

Why Red Flags Like This Must Be Escalated

If the hiring party (signing service, title, or escrow) requests that you alter the document or notarize under a name that doesn’t match the ID:

• Get it in writing. Verbal instructions are not enough.

• Refer them back to their legal department or title officer.

• Document everything—your notes could be essential if questions arise later.

  
  

Real-World Considerations

In many cases, the signer may have taken title in her maiden name and never legally updated her ownership documents. This is more common than you'd think, especially when:

• The original purchase was made before marriage.

• The signer never refinanced the property or updated the Deed.

• Lenders discourage refinancing due to interest rates or other terms.

In these situations, title companies will often prepare an AKA (Also Known As) or FKA (Formerly Known As) affidavit to bridge the name discrepancy legally and ethically.

What Documents Might Be Required:

• AKA/FKA Affidavit

• Updated Quit Claim Deed

• Revised Closing Documents

• Proof of Name Change (Marriage Certificate, etc.) — though this is more for the title company’s records, not the notary's.

  
  

Bottom Line for Notaries:

You are not responsible for resolving name discrepancies. You are responsible for identifying the signer based on valid ID and ensuring that the name being notarized matches the ID.

If this condition isn’t met:

• Pause the signing.

• Alert the signing company/title office immediately.

• Do not proceed unless proper documentation is provided.

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Conclusion: As notaries, our job is to uphold the integrity of the signing process—not to correct or reconcile legal name differences. While it may feel inconvenient to halt a signing or question a title company, doing so protects you, the signer, and the entire transaction.

When in doubt, escalate. When unsure, document. And when pressured, always stand by your training and your notarial laws.