Have you heard the one about the good ole boy who was asked if he had any ID? His response: About what?
When signing documents to transfer real estate in Texas, all signers are required to present an acceptable form (or forms) of identification. While that might seem like a simple request, it can become problematic if you have no idea about your ID.
You must have:
The minimum identification requirement is a current government-issued, photo ID such as an unexpired driver’s license or passport. It must be issued by a state or federal government agency and contain the individual’s full name, photo, and signature. If expired, it is not acceptable.
Some title companies will also accept a Foreign ID card, U.S. military ID, or resident alien card with a signature that was issued by the U.S. Citizenship and Immigration Services. However, not every title company is that flexible. It is best to check in advance if one of those documents will be adequate. I’m strict about proof of identity, but I’ve accepted a prison ID that fit the requirements. That’s a story for another day.
The name on the identification must match the name on the documents to be signed. Exactly. While Robert and Bob or James and Jim may be the same person, it does not work for proof of identity. Any inconsistencies in names need to be addressed in advance.
If someone signing documents has an AKA (also known as) or an FKA (formerly known as), the title company can prepare documents to include it so that name will correspond with the ID and other documents. If you wait until you are handing over your ID or sitting down at the closing table to let the notary discover the irregularity, expect some problems.
You may also need:
While a single ID may be sufficient to identify a signer, the title company may require more. They can frequently require two forms of identification. Typically, this is when there is a lender issuing a mortgage loan involved in the transaction.
The second form of identification must have the individual’s name printed on it but is not required to have a photo. Ideally, in addition to the printed name, this second credential will contain either a signature, address or photo. Examples include a Medicare card, student ID, voter registration card, insurance card, Social Security card, or birth certificate.
Identification documents for real estate transactions are important to prevent fraud, theft, and other illegal activities. Counterfeit ID cards are easy to come by and common. An impostor posing as a buyer or seller could play havoc on a transaction. We would rather delay a closing in order to confirm property identification than fall victim to deception and become wrapped in a legal nightmare.
To help ensure there are no delays in your real estate transaction, check the expiration on your ID well before the closing date. Bring plenty of ID to your closing. You get the idea?
