Posted by KEZE on 7/26/04 9:43am
Msg #4964
Wrong Spelling - the saga continues
Well apparently the first time the mortgage was closed noone noticed the misspelled name! So the recoreded deed is with the misspelled name! So now the refi docs have to be the same as the original deed! If they ask me to go back (they are not sure yet) I have to have him sign the wrong name. Not really sure what to do here - my gut says not to. Any advice would be greatly appreciated! Also, if I do have to go back (and accept the request), can I charge them to reprint the docs again seeing as it is their error?
Thanks,
Kim
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Reply by HisHughness on 7/26/04 10:03am
Msg #4965
1. Certainly, they should pay for a re-signing if it was their error.
2. There is a procedure for reforming a recorded instrument. This is not the first time in the history of Anglo-American jurisprudence this has happened. The title company should prepare the documents to include in the closing package to reform the original deed with the misspelling; it isn't your worry.
3. Your obligation is to see that the person who signs the documents is the same person as the one whose name is on the documents. Without some form of ID with the misspelled name on it, you can't verify the identity of the signer. My judgment would be that you can take a signature affidavit listing the misspelled name as an AKA (also known as), but that doesn't authorize you to accept the misspelled name as a signature on documents to be recorded. You need some form of photo ID with the misspelling on it before you can accept the signature.
The ultimate answer, though, is for the title company to do its job and see that the recorded instrument is reformed.
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