Posted by Stephen_VA on 3/17/05 8:49pm
Msg #26162

Name Misspelled

I just got back from a signing, where the name was misspelled on all the documents. This was at the loan office and the loan officer initially told the borrower to sign as the documents were drafted. I told her that I could not notarize unless she could produce identification with that name variation. Which she could not.

The loan officer then asked me what to do, and I informed her that she or the settlement company would have to tell me what to do. After speaking with the settlement company she had the woman sign as her name is really spelled, but we did not strike or correct the documents. I asked her specifically whether or not she wanted the documents corrected and initialed. I'm 99.9999999% sure I did the right thing in indicating that I could not notarize the woman as her wrong name, I'm just curious whether the remedy they gave me is any good.

Reply by Becca/FL on 3/17/05 9:12pm
Msg #26165

You did as directed.

As long as you ID'd her as she was signing and used the correct name in the certificate, you did fine. You are not responsinle for the content of the doc.

When I run into this, I call the Title Co & ask if docs need to be re-drawn or if we can make the correction at the table. The answer I get is 50/50. Personally, I would not have done what you did. What will happen now is the Title Co. will get the docs back & make the corrections. I know, I've been there. It's not "kosher" to alter a doc after it has been Notarized. I think we all know that - That's all I'm saying.

Reply by PAW_Fl on 3/17/05 9:34pm
Msg #26169

Yes it is kosher for the title company and/or lender to make typographical error corrections as per the E&O/Compliance agreement. That is what that doc is for. It is not kosher, actually explicitly prohibited by law, for a Florida notary to change any document once it has been signed by anybody.

I would have had the borrower write a note stating that their name was misspelled and they signed using the correct spelling. And, as a signing agent, I would reinforce that with my own note on my completion report stating the same.

As a notary, it was correct to only notarize the signature that matched the name on the ID and the spelling of the name must be correct in the certificate. Again, the title company and/or lender can make the necessary changes to the body of the documents if they didn't want the borrower to make the corrections at the table.

Reply by Becca/FL on 3/18/05 12:32am
Msg #26202

I work for at least Four Title Cos that do not have an E&O/Compliance/Correction Agreement included in their docs. I worked in Title before the doc was widely used and felt very uncomfortable with things that I saw. Even if the lender has a "catch all" E&O/CompAgree/CorrAgree, I still am not "comfy" without the word from the Title Co. They (Title Cos) all work differently.

I had a closing last month where the address was wrong, among other things, on all of the lender docs. The instructions said to adjourn if names, addresses, etc. were incorrect, as docs would need to be redrawn. The TC was closed, the SS was clueless and the LO said do whatever. The borrowers spoke w/ the LO & took it upon themselves (you know, the wife's brother was an attorney in town) to make the corrections. So, I say, I can't tell you how to complete the docs, but I can tell you that because of the changes made, your loan MAY not fund on time & I can not be held responsible, but since we can not reach the TC, it's up to you. Come to find out, the LO told them to sign "as is" and a modification would be sent to clear things up. Gee, I wish he had told me! Anyway, I watched & cringed as the borrowers lined through and innitial darn near every page. I was called back to have them sign a mod. the next day.

The day of funding I received a call from the SS asking why I lined through the docs. Good thing I typed a note re: the signing & sent it to the TC & SS just for CYA. I guess nobody read it.

In my memo I wrote:

>>>The address on the documents was incorrect. According to the “Borrower’s Closing Procedures” included in the lenders package; “If your address or county information is incorrect, STOP. Notify the person closing your loan. New loan documents will need to be printed with the correct address and county information.”

The borrower’s contacted their loan officer, the loan officer asked to speak with me and said to continue with the closing.
The borrowers insisted on marking up all of the docs by striking and initialing changes they deemed incorrect, including information contained in the 1003.<<<


Sorry - rambling here, it's late. I guess I just want to impress upon the original poster that the LO (9 out of 10 times) does not know how to proceed. The LO just wants the loan to close. The Title Co is responsible for recording the mtg. and is responsible to the lender for the loan closing. Some Title Cos will make corrections while others will not.

Reply by TNNotary on 3/18/05 7:56am
Msg #26221

I agree with the statment about the LO they don't know the procedures.
Always send a note back with the docs saying per loan officer.

Reply by CarolynCO on 3/17/05 9:39pm
Msg #26172

You can't notarize a name that doesn't match the ID. I would have had the Borrower strike through the misspelling, print the correct spelling, initial and sign correctly.

Just a couple of weeks ago, Joseph was spelled as Josephine throughout the docs. I certainly wasn't going to have him sign as Josephine, and there was no way I would have been able to notarize the docs had he done so. I simply had him sign as Joseph and correct and initial the misspelling.

Reply by Lori/CA on 3/17/05 9:51pm
Msg #26175

Stephen,

I just had another one last week (it seems to happen too much). I know for the Title Co's I work for we do the following:

1. Strike out error and initial, then write correct spelling. I also check the preliminary title report to see how the vesting originally was recorded. As if it was originally drawn wrong I give the borrower a heads up that there will be another Deed involved to correct the previous recording to make sure it is correct this time.

2. On the front page of the Deed of Trust I have them initial by there as well. This allows the Title Co to type the correct name. They never wanted any handwriting other than the initials.

By doing the above personally I have never had a problem. Things may vary from state to state, but this works for me!

Hope it helps Lori

Reply by Stephen_VA on 3/17/05 10:02pm
Msg #26179

I would have taken this approach if I could not have got in touch with anyone, in an attempt to save the signing. But I was actually with the loan officer, so I took her and the settlement companies direction.

Reply by jojo_MN on 3/18/05 1:06pm
Msg #26304

This has happened to me many times in the past.

Just make sure you get directions before you do anything. I've worked with lenders that wanted me to have the borrower cross out, re-write and initial every page of the documents with the correct spelling. There was also an error and ommissions statement the borrower signed, but the lender said that was not enough.

Other times, the lender (or title company) said to just have the borrower sign their regular signature because the E & O took care of typigraphical errors. Each company has their own rules.

Under the circumstances, you did the right think. IMHO

Reply by Merry/CA on 3/18/05 1:42pm
Msg #26307

That's the correct proceedure in CA. It follows the law. That's what we are sworn to do...
to be an impartial witness and follow the notary laws of the State of California. That's all.

Reply by Merry/CA on 3/18/05 1:44pm
Msg #26308

Reply to Lori