Posted by ItsMe123 on 11/23/04 3:20pm
Msg #11932

Having A Deed Issue--Veteran Help Please

I think I may have a potential problem with my last signing of the evening
----Borrower has an ex-wife who will be signing a quit claim deed so he is able to re-fi w/o her on title. Issue is this. It sounds by talking with him that she has re-married since thier divorce and her I.D. will most likely have her new married name on it. The deed I received reads as follows--
first name, maiden name-last name and the last name is that of her ex-husbands.
He is not sure of what her I.D. says (guess that is not a question that you have with your ex over lunch). I will not know what her I.D. says until I get there so I can't call title to have them re-draw the deed. Also thinking this further redrawing it still won't take care of the chain of title as she would be titled as first name maiden name-last name and that person not her new name needs to sign off (coorect???). I hope I am making sense (talk about having title re-doing deed, it is kinda of a difficult thing to express for me who is so accustomed to speaking with my hands---lol)

Reply by Ninna Mantooth-Lopez on 11/23/04 4:05pm
Msg #11933

If you can't get any direction from the title company prior to the signing or at the signing... have her sign as her current name from the i.d., fka (formerly known as) and then her former name... then you notarize with the name from her i.d. Having worked in escrow for many years, I would go even further and add her new name to the grantor section along with "fka" so that it falls in right before the old name. Then have her initial the addition. That, of course, is up to you, but it certainly would alleviate any problems with title having to get it corrected at a later date.

Reply by CaliNotary on 11/23/04 6:33pm
Msg #11949

I'm not sure what state you're in, but in California you can also use 2 credible witnesses to identify a person. That might be an option for you.

Reply by Linda on 11/23/04 7:32pm
Msg #11953

Being a CA notary, I would with out a doubt get to witnesses that know the person by their maiden name. Credible Witness... This just happenend to me and the signing co. tried to get me to accept a utility bill as id. No way, I told them to get another notary to do the job. The borrower found two Credible Witnesses and everything was fine. After all was said and done, signing company told me they would not of done signing either. This is what they do to get the job completed. We as notaries need to stand our ground and not deviate for these company's.