Posted by Notarysigner on 5/25/13 12:55pm
Msg #471256

Name on Trust Docs misspelled

I had a signing last night, a Refi in Trust, two borrowers. I noticed the name of the Trust was the same name as the borrower except it was missing a “N” as in Begining instead of Beginning . All of the signature lines, Deed, Mortgage, etc. every Doc was otherwise correct.
When I asked about this I was told, “Oh, the lawyer made a mistake in spelling my name when he drew up the Trust”. She continued, “will this create a problem?” My reply was, “I don’t know”.

That was a lie because I do know the answer. I also know how it can be corrected. I told her to contact her LO and she called but didn’t get an answer.

This has really bothered me because of the UPL concern but I also feel that I should not have to lie about it either.

I completed the signing knowing that down the road there is going to be a problem with THAT trust.

I do a couple of Trust for attorneys every week and I know it was wrong.

What would you have done about her question, “will this create a problem?”

Reply by GOLDGIRL/CA on 5/25/13 1:12pm
Msg #471260

Well... first of all, you didn't "lie." Cos we never "know" for sure how anything will turn out when it comes to all this stuff. And I can't see how it's UPL. Sounds to me like you did the exact right thing. Second , this isn't your responsibility or area. If someone asked me, "will this create a problem?" I'd encourage them to call somebody who knows.... like the lawyer who can't spell. BTW: How'd they get through signing a living trust with 15 notarized signatures each and nobody noticed name was misspelled? Stupid.

Besides if you had said it will create a problem, then that borders on UPL and the borrower would been on the phone next day screaming about how the notary had told her that her trust was invalid and everything's a mess and the sky is falling and we're all gonig to jail and a thousand other things that you never said. I certainly wouldn't have held up the signing over this, since, as you said, it can be corrected.

Only thing, what did you do about notarizing the Certification of Trust?

Reply by Notarysigner on 5/25/13 2:20pm
Msg #471264

Come on now GG.....My certificate has the name I used to I.D. them......didn't match, so what. Let them figure it out.

Reply by GOLDGIRL/CA on 5/25/13 2:45pm
Msg #471266

That's what I meant!

You're right, let them worry about it ....

Reply by Notarysigner on 5/25/13 2:56pm
Msg #471267

Re: That's what I meant!

Well my sistah, it still bothers me,....A lie doesn't care who tells it!

Reply by Rodney Davis on 5/25/13 3:17pm
Msg #471272

Re: That's what I meant!

I Texas I would say if you did give advice that would be bordering practicing law. That could get you in legal issues as a notary in my opinion unless your an attorney. But thats Texas

Reply by Notarysigner on 5/25/13 4:02pm
Msg #471275

what are you talking about Rodney? n/m

Reply by ReneeK_MI on 5/26/13 5:42am
Msg #471320

Might it be ...

...that on the Trust, her name as Trustee is correct even though the name of the Trust is not (or does not match her surname)?

When the Trust is reviewed to ensure the proper Trustees are signing and actually empowered to act in that capacity, it is the names/identity of the Trustees that would be scrutinized. You can name your Trust pretty much whatever you wish, it isn't required that it 'match' or even contain your name/identity.

Reply by LKT/CA on 5/26/13 3:05pm
Msg #471345

Misspelled.....not mismatched

MisSPELLings are wrong, no matter which names are used.

Reply by ReneeK_MI on 5/27/13 11:37am
Msg #471385

I understand, but my point ...

... was that the misspelling in the name of the Trust doesn't necessarily pose a problem with regard to the DOT, since the name is spelled correctly at the signature lines. If the Trust document shows her being named correctly as the Trustee - then it appears the DOT is vested correctly (matching the name of the Trust as it stands), with the correct name of the correct Trustee signing.