Posted by Anonymous on 4/4/05 8:01am
Msg #29475

Sign as written on documents

For my own edification is this a legal requirement or really a preference of the lender?

Reply by Charm_AL on 4/4/05 8:08am
Msg #29479

you must sign as written, usually an initial or middle name spelled out. If not, it may not get recorded. The lenders/SS always stress this as it may cancel or delay funding. Unless of course if the name is misspelled.

Reply by LawrenceOK on 4/4/05 8:30am
Msg #29482

Good question?, just what IS a legal binding signature. How about it Hugh! I have my own thoughts but I would like to hear from someone that has been there.

Reply by HisHughness on 4/4/05 8:45am
Msg #29484

Sorry, have to run to doctor and don't have time for a full reply.

I think you're dealing with two distinct issues: Identity and validity. A recording clerk wants to maximize the chance that the document being recorded was signed by the person it was supposed to be signed by. Thus, the clerk wants to do those things -- accepting only signatures identical to what is displayed on the signature line -- that will best ensure it is the same person.

As to what is legally binding, though I haven't looked into it, I suspect that any document you sign with any configuration of your name that is sufficient to identify you will be valid. Thus you sign "Joe Jones" with no "Jr.," even though you are Junior, then I think you're hung if there is evidence that you were the one who signed. It just may not be accepted for recording that way.

Gotta go. Have a really cute physical therapist waiting.

Reply by LawrenceOK on 4/4/05 8:49am
Msg #29485

Thanks Hugh. That answered my question.

Reply by PAW_Fl on 4/4/05 11:28am
Msg #29504

This question was posed to the SOS in Florida when I had a signer sign by signature facsimile stamp and was subsequently questioned. The FlAG and SOS both said that "whatever is their customary and consistently used signature on legal documents, including identification documents [e.g. driver's license], is their 'legal' signature by Florida statute and standards."

So, my personal interpretation (not to be construed as legal advice) is that however one signs their name "consistently, previously and customarily", is their signature, no matter how the printing on the line reads. Even though, for recording purposes, I do stress that their signed (cursive) name should reasonably match the way their name is printed on the deed/mortgage.

Reply by jojo_MN on 4/4/05 1:04pm
Msg #29529

Just happened to me this weekend

When I had the borrowers sign my notary journal, they signed only with their initials. I informed them that they have to sign the documents with their names as written on the documents. I also showed them in the signing instructions from the lender that the loan WILL NOT FUND IF NOT SIGNED AS PRINTED (it then gave and example showing that you can't shorten Jonathan to Jon), and I had to re-do a loan in the past for that reason. The wife then signed all documents as requested.

When the husband signed the first document using only his initials, I again told him that he needs to sign as printed. I told him we could sign the borrowers copies if they wanted to start over. He then told me that the initials IS his legal signature and it is on his driver's license and he signs all legal documents that way and never had any problems with any other companies.

I then re-stated that the loan may have to be re-done if not done as requested. We then continued with the signing. Once again, before I left I told them that the docs might have to be resigned.

I returned a copy of his drivers license so the signatures could be compared. I also tried calling the SS and the LO, but the offices were closed at both places due to being Saturday.

Reply by Hampton/CA on 4/4/05 2:54pm
Msg #29552

This is why a notary conducts the signing

Our job is to notarize the signature, no matter what it looks like. I tell signers that it is not a penmanship session and that they can sign as they normally do, as long as it represents the name as prepared on the docs.

I've had signatures that range from a circle with a tail to signatures that look like calligraphy. The only time it was ever an issue was when the squiggle signature was completely different from the previous DOT, and it was the recorder who questioned it; not the lender.

Title asked me to fax them the journal entry, which I did. That took care of the problem, because as I said before, that's what we're there for as a notary.

Reply by JanetK/CA on 4/4/05 6:35pm
Msg #29603

Re: This is why a notary conducts the signing

I agree. I sometimes tell people that the signature doesn't have to be legible, it just has to be theirs. However, if it is legible enough to clearly show an initial only when a full name is typed in, I would ask them to sign it with their full name. If it's completely illegible, I'll ask them if that is their signature as "John P. Doe", or whatever is typed and accept a yes answer. If they end up signing docs with a signature that is completely different from how they sign everything else in their lives (especially their ID!), what's the point?