Posted by Happy_in_Fl on 4/23/05 7:00am
Msg #33480

Quit Claim Deed

Last night had a Refi and HELOC signing piggy back. Second trip out- a week apart.

Last week Docs said "John Doe a single person". Last week his wife was there. Called S/S- they said have both initial the first page of mortgage- so it could be changed by Lender, and then have both sign and I notarize both signatures. (I knew in my heart of hearts, that there were so many docs that would have to be changed, that Lender would have to re-draw them)

Make a long story short- the call came- "please would you go and re-do the re-drawn docs- we'll pay the same fee as before". Answer "Be happy to".

With docs now corrected- right on top- is a Quit Claim Deed. (Had to have two witnesses)- but
the QCD said in effect; John Doe a Single Person, Quits to John Doe a Married Person.

He was married 7 months ago- all credit reports had him single, no one asked apparently- borrower said he never told them he was single- and no one if he was maried, so now he quit claims property to himself-from single person to married person.

That to me was a unique experience. Has anyone else had that happen?

(Makes me wonder, what else is out there lurking in the strange world of mortgage docs yet to be encountered. Old verbage says "The more you know, the more you realize you don't know"- so true.)

Reply by Monica Carter on 4/23/05 7:03am
Msg #33482

I had a quitclaim deed too the other night and in the notary statement it had his name wrong. It was an AKA name which, in fact, was his real name. There was no space to correct the AKA name so I just had him sign it like it was supposed to be, notarized it, and sent it back with the notation that the AKA was WRONG. This QCD came about because when he bought the house, it had his middle initial wrong on it and the refi docs had them wrong too but when I pointed it out to the signing company, they had the docs redrawn with the correct name and then they put the wrong DATE on the papers. Oh my, what we go through!!!!!!

Reply by Happy_in_Fl on 4/23/05 7:17am
Msg #33485

Amen to that!!!!

Reply by Happy_in_Fl on 4/23/05 7:17am
Msg #33486

Amen to that!!!!

Reply by PAW_Fl on 4/23/05 7:57am
Msg #33494

***In FL*** you will often find QCDs to change the marital status of an individual on title because of the FL Homestead Act. Therefore the GRANTOR would be the person as a single person and the GRANTEE would be the same person, as a married person.

Was the person's spouse also on the QCD?

The problem that most often happens is that the name on title is an incorrect name or at least a name than can no longer be verified by the person's ID. In that case, the QCD should reflect the GRANTOR as "<name that can be properly ID'd> who acquired title as <previous or incorrect name>". Then in the acknowledgment section, the same language is used, i.e., "Jane Doe, WATA Jane Smith".

Many lenders and title company persons will tell you that the name, signature or AKA affidavit will take care of the inconsistency. Unfortunately, this is not the case 99% of the time, as those affidavits do not get recorded with the deed or mortgage.

*** The above information is based on _Florida_ statutes and is not to be construed as legal advice or opinion. ***

Reply by Happy in Fl on 4/23/05 4:20pm
Msg #33555

The spouses name was not on the QCD.

Yes also to the AKA Affidavit- he had names typed in by lender, that he had never used- two of them per se'; and he refused to give a sample signature of those, instead printed on signature line "Never Used" this name.

That brings up a question, that borrower asked when seeing this- "Where did the Lender come up with these names"?

I said I do not know- perhaps it showed up somewhere on something in the distant past- or maybe it was a mistake somewhere - someone made--but I just don't know.

Now I am curious, where do they get the Alias names from? I can understand leaving out a middle initial- or writing out the full middle name, or even a womens maiden name-- but names from out of the blue?