Posted by sherry_PA on 6/30/05 7:59am Msg #48960
mispelled names on mortgage
What is the proper way to handle a mispelled name on a mortgage document? I usually call the title company or lender and quite often get different answers depending on the lender. Sometimes this happens during weekends when no support personnel are available.
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Reply by Charm_AL on 6/30/05 8:15am Msg #48966
read post 26162 for a discussion on that issue
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Reply by CarolynCO on 6/30/05 8:40am Msg #48976
If I can't get anyone on the phone during the evening or weekend, I have Borrower(s) draw a single line through the incorrect spelling and have them legibly write the correction and then initial the change.
Also, check the closing instructions -- some specifically spell out that corrections/revisions are not to be made and if there is a spelling error, to stop the signing immediately because new docs will need to be printed.
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Reply by IL-Not on 6/30/05 8:55am Msg #48983
Doing exactly that got me into trouble last week. I had the borrower correct the spelling on their name (of the mortgage) with one line and initials, then spell it correctly. The TC made me go back out there and resign the borrowers copy with the way it is spelled on the mortgage, even if it's wrong. I think it's a case by case basis based on the TC/SS but from now on I will ask people to sign docs exactly as it apprears.
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Reply by CarolynCO on 6/30/05 9:13am Msg #48990
As I said, when you can't get anyone on the phone, it's a judgment call unless there are specific instructions advising not to change docs without prior approval. If you do have Borrower(s) cross through and correct, you stand a 50-50 chance of it being right or wrong. I've never been called on the carpet when Borrower(s) put a line through and correct/initial.
I had one signing where the man's name was Joseph and every document had Josephine. There was no way this man was going to sign his name as Josephine.
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Reply by IL-Not on 6/30/05 11:32am Msg #49028
Very Funny Carolyn, Re: mispelled names on mortgage
That made me laugh out loud.
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Reply by If the Borrowers name... on 6/30/05 11:58am Msg #49039
is mispelled & doesn't MATCH their ID, you must make the correction on the signature line, otherwise you CAN'T notarize the document! JMHO
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Reply by Lee/AR on 6/30/05 12:44pm Msg #49066
Think so, huh? And I agree...correct it. However, I have been told this is wrong as it 'negates the notarization'. Uh-huh. I don't work for them any more--my choice.
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Reply by NY Notary on 6/30/05 12:43pm Msg #49065
And the borrowers were willing to do that? In many cases, borrowers are not willing to sign an incorrect spelling of their name. And I don't blame them. I had one recently where the name was incorrect (first name only) and this happened when the borrowers purchased the house. They told the title co. at closing but of course they said just sign that way and now are stuck with it. So.....the refi title co. had them sign John Doe f/k/a Jon Doe and a quit claim or whatever is being prepared at funding. This way closing could continue and borrower was satisfied. But of course this is not in our control.
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Reply by Lee/Ar on 6/30/05 2:08pm Msg #49086
The B's usually won't do that. I know I wouldn't do it. And... how do you ID a Joseph as Josephine???? Nuts.
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Reply by been there on 6/30/05 9:21am Msg #48993
many lenders now consider "lining out" as defacing the docs. Even if you line out, or have the borrowers line out, they would still have to initial. Best way is to have them initial the incorrect spelling, sign correctly, and indicate on the signature/name affidavit, if there is one.
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Reply by PAW_Fl on 6/30/05 10:18pm Msg #49210
AKA Statement is not for fixing spelling errors!
The use of the Signature/Name Affidavit, AKA Statement, or similar document is not for misspelled names. It is used to show aliases. That is, names the signer has gone by or is "known" as. If a name is misspelled it needs to be corrected. Period.
Further, I never would sign a document using a misspelling of my name. My name is spelled one way. If the docs have the name misspelled, it needs to be corrected. I also would never ask someone to provide a signature of a misspelled name.
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