Posted by Sheila in San Jose CA on 8/1/05 9:14pm
Msg #56283

This is a title/recording question- a little confused...

I have a signing tomorrow and here is where I am confused. The borrower bought his home many years ago, before he became a naturalized citizen - a year or two later. The name on title in JUAN- he has John on his all his ID's etc and hasn't gone by JUAN since he became a citizen. There is a grant deed from JUAN to JOHN with the signature line being JOHN, - (the name that I will see on his ID) But this doesn't make a lot of sense to me, IF I were to look at it from the point of some one not having heard his explanation. (like the recorder) as it is being granted by JUAN, who "should" be signing the GT to JOHN) but it is being signed by JOHN- but if he is really one and the same person, how the heck would the recorder or me really know that? (there is a Mrs. also on title and loan). This seems to be the way the title or lender wants to correct his name to match the new loan and DOT. Oddly enough, on the signature affidavit, the JUAN name is not listed, (he can always it). I can assume this situation ocurrs from time to time. I hope some of you more experienced title people can shed some light on name changes/corrections.

Reply by Sheila in San Jose CA on 8/1/05 9:18pm
Msg #56285

Re: This is a title/recording question- forgot to add

Both husband and wife are granting JUAN and Mary... to John and Mary... not just JUAN

Reply by TitleGalCA on 8/1/05 9:26pm
Msg #56287

Sheila,

Strickly from a title point of view, there's no need to correct his name with a grant deed. If he were - let's say selling his property to John Doe - the way the vesting would read as grantor of the property would be "John Gonzales, a married man, who acquired title as Juan Gonzales, a married man" and he could sign as grantor "John Gonzales". I insure sales like this all the time. I honestly don't know why a new deed is nessary, but it's not unheard of that the lender wants a new one.

Don't sweat it about the recorder's opinion. You don't have to explain anything to them - they've seen plenty of deeds to correct vesting - and it's none of their business, as long as it's a recordable document.

Hope I read your question correctly to answer it.

Reply by TitleGalCA on 8/1/05 9:39pm
Msg #56292

After re-reading your original post...

Just to clarify - If Juan is deeding to John (himself) and signing the deed as John, Juan WOULD need that designation "who acquired title as" after his name on the grantor line. I would call escrow in the morning to get the best clarification on this.

Reply by Sheila in San Jose CA on 8/1/05 11:16pm
Msg #56321

Re: After re-reading your original post...

Thank you for your reply, I will clarify with title in the morning, your reply does help my understanding.