Posted by BEEJ on 4/6/09 9:28pm
Msg #283872

Package with last name spelled two different ways.

Okay, I just received a Refi. for signing. Some documents use a "r" in last name and others omit. Both signers have to sign name affidavit with and without middle name, but the difference in last name, absent one consonant bugs me. I can't believe they sent them to me this way. ___________________ What would you do if you didn't catch this until you were at the table with ink still wet. Myself, I would strike all incorrect last names and have borrowers initial all, or maybe have the company correct since they have POA for corrections for 120 days. Your thoughts appreciated. I have other ideas, but I just want to find out what other veteran notaries would do.

Reply by Susan Fischer on 4/6/09 10:14pm
Msg #283880

Correction Agreement can fix typos. Sign proper sigs.

No worries.

Reply by Pat/IL on 4/6/09 10:17pm
Msg #283881

First, BEEJ, best policy as most here would tell you, is contact the hiring party, or contact the title company directly. Maybe you tried that and nobody was available for you.

Here is what I would like to know: Which documents had the name wrong? Was it the docs prepared by the lender, or those prepared by the title company? It would seem strange to me to see a difference in name spellings within the lender-prepared documents. They all use software that populates the names onto the documents.

The title company will normally have the names spelled as the borrowers hold title (may not always be the case, but they should). The title software may not populate onto all of their documents, and some may be typed in (with errors?). So, I can see a difference in spelling from lender docs to title docs, and even within title docs.

Some lenders will not allow corrections. Some may be okay with it as long as it is done correctly, but I would not assume this is the case. Many state their policy on corrections in the closing instructions. I would not take it upon myself to have the borrowers make the corrections if they are on the lender docs, unless the lender explicitly consented in the instructions (and if the name spelling was clearly wrong).

But, if the borrowers wanted to go ahead and sign their actual signature, and to be prepared for another visit to make the corrections, I would accommodate and then make all of the appropriate phone calls in the morning to find out what the lender wants, and who's footing the bill for any additional trips.

If the title docs are incorrect, I would have the borrowers make the corrections. If it turns out to be the wrong decision, I would make the effort to correct my bad decision the next day.

This is what I would do in that situation. I'm sure you will hear from others who will disagree. But, in my opinion, the difference would be in which docs were in error.

Reply by Susan Fischer on 4/6/09 11:51pm
Msg #283888

"Some lenders will not allow corrections." Which, begs the

question, "Why are the names not correct and consistent on the documents presented to the borrower?"

Obviously if the names are so wrong as to raise a red flag, then seek direction from the appropriate people. From BEEL's description, looks like a typo to me. An "R". Those darned secretaries. <fake eyeroll>

Reply by Gary_CA on 4/7/09 1:56am
Msg #283892

"No cross outs on our docs"

One of the more famous persnickety lenders... who I must admit produces much cleaner docs than the industry average...but still... rejected a name affidavit (actually it was caught by the EO who knew it would be rejected) because we had line out, with a single simple clean line, some names that just weren't the BO's names. One belonged to his grandson (who probably doesn't share gramp's dedication or 800+ FICO)

So out I go a second [e-mail address]#$%&^!... to write "not known as" below the name with an arrow pointing to the errant names.

Hmmm... all went well and I know what that means... everybody happy... but we have a sworn statement that says "I swear I am one and the same person as..." and then it lists some names duly noted but not crossed out that the BO actually swears are not the same person.

I mean, I know what they swore, and they know what they swore and the bank SHOULD BE ABLE to understand what they swore...but they signed and I stamped a written affidavit that doesn't say what they swear is the truth.

All because a particular lender it's docs, as printed, are more sacred than the Dead Sea Scrolls.

I gotta go to bed now... am I just confused?

Reply by LCS_CA on 4/8/09 8:11pm
Msg #284167

Re: "No cross outs on our docs"

Gary, I just went out for I am sure this same "persnickety" lender to have the borrower re-sign because on the itemization of amount financed the borrower signed under his typed name instead of above. Never had a problem with that before!

Reply by Gary_CA on 4/7/09 1:48am
Msg #283891

DocMagic the magical software...

turns any 19 year old into a document preparer... I wrote a rant on this, burried under all the crazy lady's posts...

It does eliminate the two spelling problem though... it will consistently put the wrong name on every #$%^ page in the 153 page package.

Marvelous.

I did one just last month that was missing an "n" in the 12 letter last name... and the BO caught it... and was not willing to have his name wrong on mortgage docs.

I printed corrected names while he signed and initialed. Added at least half an hour to the appointment. On top of the other half hour added by a couple of very cute little boys.

Just marvelous.

It does the same thing with errant SS#'s too.


All for one low low price.

Reply by ReneeK_MI on 4/7/09 5:46am
Msg #283894

Depends, a lot of variables ...

Depends WHICH docs are incorrect - if it's title docs, I'd have corrected BUT I'd question whether B's took title with an incorrect spelling (which then has another road-map laid out), broker's/prelim docs I'd ignore. Lender docs ... depends ...

Assuming there's nobody available to ASK, then I would check the closing instructions for pertinent info (how to correct/no corrections accepted). If it appears acceptable, I'd have docs properly corrected/initialed, as it would be the best shot anyone could take (IMO).

Other than a Provident, knowing that would be a re-draw but it would also be unlikely to happen in the first place.

Reply by Shoshana Roller on 4/7/09 8:13am
Msg #283904

I had one yesterday that was a doozy....

They gave the borrower a wife! LOL! He's never been married! You have to wonder what goes through their minds when they make mistakes like that.

Reply by Dave_CA on 4/7/09 8:59am
Msg #283905

Re: I had one yesterday that was a doozy....

Mine yesterday may just top that. A mother and daughter. The mother a widow and the daughter divorced. Title had them as domestic partners...

Reply by LisaWI on 4/7/09 9:02am
Msg #283906

Re: I had one yesterday that was a doozy....LOL

How about a dead wife on docs and the alive wife at the closing. When I call to confirm all parties will be at closing, I usually use names. This particular closing, I found out there was a wife at the last minute, so my phone call was just a simple message of "make sure your wife is there also" and the borrowers response was, "she will be there".
Come to find out, the last time they refinanced this was all supposed to be taken care of and the last title comp didnt follow thru leaving the departed wife still on title. The funny thing was the alive wife had spoken with the LO numerous times. How all this went thru underwriting is amazing.

Reply by Gary_CA on 4/7/09 11:43am
Msg #283959

But don't worry we can fix it easy enough

When one of the best looking notaries in CA was newly commissioned he was sent to do a signing for a Cristina...the proper Spanish spelling of that name. However, our hero, though he speaks fluent Spanish, thinks in gringo most of the time.

The good looking, but somewhat dumb notary added an "h" to make "Christina" to his cert. (A nice short package that only required notarization of the DOT, he still remembers that part.)

Sign sign sign, stamp... and off the docs go... two days later our hero gets a call from bank...

We need you to go back to borrower with a grant deed, we'll pay you a second trip. Cristina was to give her house to Christina. (Nobody ever thought to ask the notary to double check his errant cert.)

Well Cristina insisted that she wasn't Christina and didn't want to give her house away...so our hero checked and corrected his certs... problem solved. The right way.

Some TC's will make any grant deed they want at the drop of a hat. Most borrowers will sign anything you put in front of them.

Reply by Sylvia_FL on 4/7/09 12:02pm
Msg #283966

Re: But don't worry we can fix it easy enough

"When one of the best looking notaries in CA "

Wow! You know Charles????

Reply by Gary_CA on 4/7/09 12:11pm
Msg #283969

Yeah, I do, I was trying not to name him ;-) n/m