Posted by Julie Chavez on 6/17/05 12:34am
Msg #45431

Deed of trust has wrong info

I just downloaded some docs and I am going through them for a signing tommorrow. I notice all of a sudden that the deed of trust says Borrowers name (female) and then say unmarried man. Should I contact the closing agent or let borrower sign and then they correct it? Please help anyone fwith feedback. Thanks very very much.

Reply by BrendaTX on 6/17/05 1:04am
Msg #45432

Julie,

That's a very good question and I don't have a clue. I'll betcha CaTitleGal or Paul-FL will tomorrow morning. This will be a learning experience for me as I have not run into this. If it were my documents I would not hesitate to call whomever hired me. If they say "don't worry about it" make a note of who you talked to and the time. When there is a problem like that, look to see if you are provided instructions on who to call first...it might be title. It might be the lender.

In the mean time, you might want to do searches on "vested" or "vesting" in this forum. It seems like this might have been talked over.

Reply by BrendaTX on 6/17/05 1:10am
Msg #45433

Re: Deed of trust has wrong info PS -

As far as having bwrs correct docs:

NEVER have a bwr correct documents without permission from another authority.

For all we know at this point, this could be a case of James sex change to Janet/vice versa.

Reply by CAtitlegal on 6/17/05 8:54am
Msg #45473

Nothing to add other than to restate what's already been said - as signer, I would never have borrower make any change to the TD - no lender wants to see changes to their original docs. I'd suggest to brw that I'll bring the error to escrows attention (or SS) with a phone call and a sticky note on the document.

As a T.O., I get frequent calls from escrow to make a last minute change to vesting on TD's as the lender has authorized that change, and please fax back the change I make (just prior to recording) to lender and escrow. Other times, I'm provided a new page 1 to the TD with the correction and asked to insert the new page to the original. It varies.

Dang it Brenda...you took my haha away with the sex change thought...perhaps brw hadn't finished his/her surgery?

Reply by BrendaTX on 6/17/05 8:56am
Msg #45475

So sorry...from now on sex change puns are yours. LOL.

I was being serious!

Reply by Sunny on 6/17/05 1:48am
Msg #45437

I would contact the company that called you, unless you have the number for the closer.
Since you know in advance, they should advise you if they want you to correct it or if they will send you a corrected copy ahead of time.

If you correct it at the signing, some offices want borrowers just to initial it. Then they can xxx it out and type correction above. Some let borrowers correct and initial. It is best to get direction on how they want it.

Reply by Julie-MI on 6/17/05 7:38am
Msg #45456

If you cannot reach anyone, remember there is a document correction agreement (sometimes two, one for the lender one for the title company) for situations like this.

If I cannot reach anyone, I just slap a post-it note on the doc(s) with the error and return it. Never had a problem in almost 5 years.

The woman being an "unmarried man" is a pretty common error and a minor one at that.

Reply by PAW_Fl on 6/17/05 8:27am
Msg #45466

As others have stated, contact the title company (or whoever hired you) for direction. Some companies, counties do not allow for corrections on deeds or mortgages. Others will allow a pen and ink and initialed change.

If you can't get a hold of anyone to give you direction, "borrow" the signer's copy and keep it in 'unchanged" form and have the signer change and initial the original. Then when you get a hold of the title company, you can send them the proper first page. If the pages in the DOT/mortgage need to be initialed, be sure that both copies of the first page are initialed.

You can mail the "unused" first page back to the borrowers if it is too inconvenient to drop it off at the borrowers.

Reply by BrendaTX on 6/17/05 8:55am
Msg #45474

Re: Deed of trust has wrong info - Priceless tip...

Anytime I don't know for sure, I do both ways until I can get an authority to direct me.

In fact, if I have time ahead of the signing I make an extra copy JIC I cannot get an answer. Man, I hate asking the bwr to do that. I SHOULD know the right way in their eyes, I fear.


GREAT TIP: Do what PAW said...You cannot go wrong with this one.

------If you can't get a hold of anyone to give you direction, "borrow" the signer's copy and keep it in 'unchanged" form and have the signer change and initial the original.-----------

Reply by Julie Chavez on 6/17/05 10:17am
Msg #45494

Re: Deed of trust has wrong info - Priceless tip...

Thank You very very much everyone! Now I know my options, Thanks Again