Posted by Rachel/ORWA on 10/15/07 12:06pm
Msg #216536

Lender wants a re-sign.

Had a signing where Borrower's name was John Robert Smith on DL, but printed Robert J. Smith on all docs, including DOT (apparently, he's gone by this name for years, and is vested on the previous deed as such). I called the LO, at the table, and suggested adding the legal name (John Robert Smith) to the AKA aff, since I could only notarize with that name. LO agreed.

Now, I get a call from TC, saying Lender is not OK with this, and wants the TC to redo it, including RTC, etc. (They're going to call the LO and get back with me.)

My questions: 1) Have you handled this the way I did, and did it fly? 2) Is there another, better way to handle a situation of this nature?

Thanks!

Reply by Phillip/TX on 10/15/07 12:10pm
Msg #216537

Well the TC should have requested a copy of his DL and SS to verify who he was and should have already cleared this up.

I for one would not have allowed him to sign, as the person that was presenting ID was not the same as my documents.

How did the DOT allow him to put this name on his DL?? You have to prove you are that person by birth certificate or other "government" ID to get your DL, or you do in Texas and Arkansas.

Reply by Rachel/ORWA on 10/15/07 12:14pm
Msg #216538

Clarification

Sorry, DOT = deed of trust, not Department of Transportation. The name on his DL is the correct, legal name, and is the one I notarized. That's why the lender's having an issue with it: he signed as Robert J Smith, and I notarized John Robert Smith in the certificate.

Reply by Phillip/TX on 10/15/07 12:26pm
Msg #216542

Re: Clarification

Then you would have to resign. Just because someone has used a name in the past does not make it their legal name. If that is the name he wants to use then, the need to file the correct paperwork and go before a judge to request this.

I knew what you meant by DOT vs my DOT, just fyi.

Reply by TRG_wy on 10/15/07 12:58pm
Msg #216548

Re: Clarification

Not entirely true.

Everything I have owned including homes, real property, and vehicles are/have been vested with my first initial, full middle name and last name. I have never used my full first name. A "legal" name change through the courts is not required if long standing presidence has established. This has been the case for me personally in states I have owned property including: California, Arizona, Texas, and now Wyoming.

One thing I have noticed since closing loans over the years is that a lot of people do this.
My current house here is vested as I noted above - no issues at all on purchase or refinace. Same with all four of my vehicles and my vacant real property.

Interesting topic though for sure.
I'm just glad that my mother didn't get her way and name me Joseph Pattrick Aliwishes

Reply by Phillip/TX on 10/15/07 4:43pm
Msg #216583

Re: Clarification

In your case you are not changing your name, my Mother does not use her first name either in every day life... but if she has to sign a legal document she signs using her first inital and then her middle name that she uses and goes by. But in the case we are describing he changed his name... so to use that name legally he would need to request that in court.

Not an attorney, just been a notary and in the real estate fields long enough to know that.

Reply by TRG_wy on 10/15/07 8:21pm
Msg #216611

Re: Clarification

OK - I had one of those Senior moments I guess and I mis-understood.

Reply by Phillip/TX on 10/16/07 12:11pm
Msg #216670

Re: Clarification

Didn't mean to come across as brash... if I did, I apologize.

Reply by Linda_H/FL on 10/15/07 12:21pm
Msg #216541

Re: I don't know what your handbook says

but here in Florida the rules are very specific as to what type of ID we can accept - and an AKA Affidavit in the loan package isn't one of them. That may work to tie the loan docs together but it's unacceptable for our notarial purposes.

In this situation I've requested permission from title to allow borrower to sign "John Robert Smith a/k/a Robert J. Smith" and then my cert reads "acknowledged by John Robert Smith" (the person I can identify) along with other wording allowed by Florida procedure. If they won't allow the borrower to sign a/k/a and insist on him signing the wrong name then I can't notarize.

Reply by Rachel/ORWA on 10/15/07 12:28pm
Msg #216543

Re: I don't know what your handbook says

I wasn't clear in my original post: I didn't accept the AKA stmt as ID, but rather added his legal ID name TO the AKA stmt. Sorry for the confusion.

I think your solution of signing "John Robert Smith a/k/a Robert J. Smith" is the missing link, though. I didn't think of it at the time.

So, how would you handle it at this point? Offer to do a re-sign?

Reply by rengel/CA on 10/15/07 12:35pm
Msg #216545

How do you know that Robert J. Smith is the same person as John Robert Smith? I would never have notarized this signature.

My .02

Reply by Bob_Chicago on 10/15/07 12:54pm
Msg #216547

More importantly, a L/O generally has the same authority...

to authorize a change in the dox as the Fedex guy. They
will usually tell you to do what ever is necessary to get the dox signed.
You need to call the TC in these cases. They are the ones paying you,
either directly or through a SS.
The TC is the entitly that will insure the mtg as a valid lien. TC has
access to authorized personnel at lender or has standing instructions as
to how to proceed (subject , of course to the laws of your state.)

Reply by Rachel/ORWA on 10/15/07 1:08pm
Msg #216550

Re: More importantly, a L/O generally has the same authority...

How very true, regarding LO vs TC. I won't make that mistake again.

Reply by MikeC/NY on 10/15/07 6:04pm
Msg #216589

Re: More importantly, a L/O generally has the same authority

<<They will usually tell you to do what ever is necessary to get the dox signed.>>

Ain't that the truth. I had a signing several months ago at the lender's office, and one borrower presented an expired foreign passport as ID. The passport expired about 5 years ago, the BO had a vague resemblance to the picture in the passport, and had no other ID (which led me to believe she wasn't here legally - she should have at least had a permanent resident card). NY only requires that we have "satisfactory evidence" and leaves it to the notary to decide what that is, so sometimes it's a judgment call.

I declined to accept it; the LO called in his boss, who looked at the passport and pronounced that he would authorize the use of the expired ID.

Not your call, pal - I packed up and told them to find another notary...

Reply by Rachel/ORWA on 10/15/07 1:10pm
Msg #216551

I'm off to do a re-sign...

In actual fact, the lender wanted me to "correct" my certificates, but since I declined, they will be re-drawing docs w/"aka" wording, and I will be re-signing for free. Education ain't cheap.


Thanks, everyone, for your responses!

Reply by Phillip/TX on 10/15/07 1:59pm
Msg #216557

Re: I'm off to do a re-sign...

Sorry you are getting the shaft on this one Rachel....