Posted by mo/cal on 8/11/05 5:49pm
Msg #58411

misspelled name on all docs

Reply by CaliNotary on 8/11/05 7:19pm
Msg #58421

Is there a question?

Reply by mo/ca on 8/11/05 7:23pm
Msg #58423

sorry about that, I got a little excited and hit the enter key. Okay so here's the dilemma.... Borrows middle name is Ivonne and the docs say Yvonne. Both the LO and borrowers are my personal friends. The LO calls the lender and they do NOT want any strike outs, the LO suggest that the borrower sign her name with an "I" since you really can't tell when looking at her signature, it's so sloppy. The old deed is also spelled incorrectly....... any suggestions? The LO said the docs can't be redrawn because the lender will want to pull credit again, and it will delay everything and open a big can of worms. What do you think? Thanks in advance.

Reply by CaliNotary on 8/11/05 7:31pm
Msg #58424

They want her to misspell her own name when signing the documents? Dang, now I have heard everything.

I wouldn't touch this signing with a ten foot pole. Tell your friends that you are not going to put your notary commission at risk. If they want her to misspell her own name, then it's safe to say that they want to to misspell it in your notarizations as well, which means you won't be notarizing Ivonne, you'll be notarizing Yvonne.

Don't do it, that's my advice. And don't let them manipulate you into doing it just because you're friends. Friendship doesn't override notary law.

Reply by mo/cal on 8/11/05 11:34pm
Msg #58469

The LO suggested she sign her name as she normally does, Jane Ivonne Doe it's just so sloppy you can't tell if it's Yvonne or Ivonne, she said she can have some kind of Grant Deed drawn up to correct the name after everything is done. The borrower can care less that the Deed says Yvonne instead of Ivonne.......kind of blows me away. We'll see what happends. Thanks for your advice!!!

Reply by Brian/CA on 8/11/05 7:51pm
Msg #58429

Will they allow the borrowers to line thru the incorrect name or letter and correct it , then initial it. I would not even suggest to the borrower that she sign her name incorrectly. She doesn't have ID under that name. See if they can have title issue a grant deed correcting this and email it to you, then when the borrowers correct and initial it should go thru, hopefully. Since the old deed was like this they should of informed the LO upfront about it so it could of been addressed and corrected.

Reply by CaliNotary on 8/11/05 8:00pm
Msg #58435

She said the lender didn't want any strikeouts so that's apparently not an option.

I do seem to remember a signing I had once where one of the borrower's names was misspelled. They ended up sending an additional document (can't remember what it was called) that corrected the spelling, kind of like a grant deed but specifically designed to correct errors. That might be an option in this case, but it's really not our responsibility or place as signing agents to tell the lenders how to correct their own mistakes.

I'm not a lawyer, but I can't imagine it's legal for the borrower to deliberately misspell their own name when signing and I sure as heck wouldn't be a part of a loan doc signing that smelled this fishy.

Reply by Brian/CA on 8/12/05 1:14am
Msg #58475

What about just initialing where it should be corrected and then let the company do the corrections. Alot of companies do this. Send a note on the top of the documents. Other wise I wouldn't touch it either. You can notarize it this way.