Posted by Walter Miller on 12/22/09 5:46pm
Msg #315451

AKA Affidavit

Borrower signed some documents Jane Doe aka Jane Smith. On the aka affidavit it states I Jane Doe hereby certify that I am one and the same person as, Jane Doe aka Jane Smith.

I had borrower sign as Jane Doe on the signature line (nothing printed under her name only borrower's signature) loan is in Jane Doe. Under the aknowledgement it has before me personally appeared Jane Doe whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed.

The lender wants me to have resigned and have her sign as Jane Doe AKA Jane Smith.

SC wants me to go back at my expense have her resign. Should she have signed it with the AKA?

Reply by BrendaTx on 12/22/09 5:55pm
Msg #315455

If I understand correctly, you did not receive AKA instructions. I do not see why you should have to go back without compensation. The existence of an AKA affidavit would not be enough for me to have her sign Jane Doe aka Jane Smith without instructions but it might have triggered me to ask depending on circumstances.

Reply by Walter Miller on 12/22/09 6:06pm
Msg #315457

No specific instructions. This is a standard form that is always in all this lenders package. In past I have always had them sign the way she signed and have not had a problem.

Reply by CopperheadVA on 12/22/09 7:24pm
Msg #315465

I would have done the same as you. If it states "I, Jane Doe...." then that's what I would have had her sign. We are not mind readers - if they want it signed a particular way, then they need to print the borrower's name under the signature line or provide special instructions. If this is a good client I would probably just go back and do it as a courtesy to keep a good business relationship going. If it's a once-in-a-blue-moon company, then I would negotiate a fee to go back for the resign.

Reply by TRG_wy on 12/22/09 7:39pm
Msg #315466

"On the aka affidavit it states I Jane Doe hereby certify that I am one and the same person as, Jane Doe aka Jane Smith. "

You did exactly as the document (AKA Form) required. You witnessed the signature of Jane Doe as she attested to the fact that she is AKA Jane Smith.

Any second trip is at their expense and they need to redraw their form to be more clear if they want more. I have done thousands of these exactly as you have; without issue.

Reply by JanetK_CA on 12/23/09 2:48am
Msg #315513

You said "Borrower signed some documents Jane Doe aka Jane Smith", which leaves things a little vague. If this means that this is how she signed other docs in the package, that's how I would have her sign on the AKA signature line - the same as she signed everything else. Like others have said, barring specific instructions to the contrary, I wouldn't have her do anything different on this doc, especially since the name wasn't printed under the signature line in any form.

In my state, even if she did sign everything as "Jane Doe aka Jane Smith", I would still only put "Jane Doe" in the acknowledgment, assuming that was what her ID said. But then we have restrictions against certifying capacity that would prevent it. May be different in your state.