Posted by MichiganAl on 4/19/06 11:28am
Msg #114471

Identity issue

Title company is stumped on how they can handle this. Any thoughts TitleGal or others? Here's the sit rep:

I go to a signing yesterday. Docs say Steve T Smith and Rosa Smith. Driver's license for Mr. says S T Smith. So does his birth certificate and social security card. His legal name is S. T. Yep, just the initials S T. He just decided as a kid to be called Steve since he didn't want to be called an initial. No legal name change, no official i.d. showing Steve. Wife's real name is Rosie, not Rosa. Same thing, driver's license, soc., birth cert. all say Rosie. She decided to start calling herself Rosa a long time ago (news to her husband of 20 years, he never even knew her real name was Rosie until last week). I call the title company, they show the home is vested under the names on the docs, Steve and Rosa. Somebody 15 years ago screwed up when they bought the house and vested it as Steve and Rosa, even though it's not their real names and they have no i.d. as such. Yikes. T.C. has no idea what to do now. Can't sign as Steve and Rosa, and if they do a deed to change the name, they still can't sign the deed as Steve and Rosa. AKA doesn't cover it. How can this get corrected? Doesn't really involve me, but still wondering what to expect if they send me back out. I'm thinking I might not want anything to do with this. I've talked to contacts at two other title companies, they were baffled as well. Thoughts?

Reply by Becca_FL on 4/19/06 11:41am
Msg #114477

Why not use a corective Deed with WTTA or WATA? (Who took title as or who aquired title as)

Reply by MrEd_Ca on 4/19/06 11:46am
Msg #114478

How about a Legal Name Change??

...maybe they should consider having they're names changed, legally, to conform with how they're property is vested. I don't know how it is done but I read of name changes frequently in the Legal Notices of the local paper here. Might be different in Michigan and I'm sure it would take some time. Just a thought....

Reply by Julie/MI on 4/19/06 11:55am
Msg #114479

The best way to fix this, and either the title company is not in Michigan or if they are must be a new one that sprouted up, is to get the original WD, from when the Smith's acquired the property. If they have their birth certs and ss cards, hopefully he has the original deed.

In the body of the original deed, someone types or hand printed legibly in black ink, that the deed is being re-recorded to reflect that the grantees names were incorrect and then it continues on with the correct S. T. Smith and Rosie Smith his wife. This does need to be taken to Register of Deeds (hopefully not Wayne County property) and now the title is perfected and the new docs can be prepared correctly.

Michigan is not a Who took title as state. Now if the original cannot be located, they can do an affidavit and site the liber and page number of the original deed and state that their names were misspelled on the deed from 15 years ago.

There problem solved the Michigan way.

Reply by Julie/MI on 4/19/06 11:57am
Msg #114480

Oops forgot

If the latter is done, this also has to be recorded at register of deeds and must contain the legal description, tax id number and property address.

Reply by MichiganAl on 4/19/06 7:26pm
Msg #114657

Thanks Julie, great info

Kind of scary that the t.c.'s I talked to had no idea what to do (and yes, they were both in Michigan, and no, they were not new).

Reply by John_NorCal on 4/19/06 12:46pm
Msg #114499

That's really helpful! I wonder if California has a procedure for this type of situation? TitleGal, comment please?

Reply by Janlee_MI on 4/19/06 1:34pm
Msg #114509

Julie I agree with you.

I also hope they have a owners policy just in case.

Reply by PAW on 4/19/06 7:41pm
Msg #114662

This is the correct way in just about every jurisdiction that I know of... a corrected deed re-recorded. We do that here in FL frequently since the grantees are rarely consulted and don't sign the deed, when they acquire the property. Fortunately, the title companies that I do title closings for actually do have the grantee initial a copy of the first page of the Warranty Deed signifying that the name is correctly spelled (and matches their ID's), and the mailing address of the grantees is properly shown.

I wish that deeds conveying property would be signed by ALL parties and ALL signatures notarized. Then the names would be (at least 'should' be) validated by the notary, at least at the time of the signing.

Reply by MistarellaFL on 4/19/06 7:59pm
Msg #114665

I agree Paul

And when I do get a call for a deed I ASK the grantee to check for misspellings.
I was surprised to learn that grantees in FL have no signature requirement.
It does make for some potential identification issues later on down the line.

Reply by MichiganAl on 4/19/06 11:58pm
Msg #114693

And yes, it's Wayne County. Ugh. n/m

Reply by ReneeK_MI on 4/20/06 5:08am
Msg #114715

Re: Hey, Julie - feed us some more on this

Certainly this would be the "best" way to correct this situation & perfect title, just as you laid it out Julie - but what do you mean about MI not being a "WTTA state"?

I'm thinking (but want to KNOW, not THINK) that you're saying to use the WTTA 'method', just to complete the transaction and record the mtg wouldn't change/correct the title vesting. It would, in situations where it was correctly applied (well, "correct" being subjective) serve to do those two things - complete the loan and record the mtg. Perhaps it's the 'spit and prayer' method, but it does record.

Are you saying there are states that would allow this to ALSO revise the way they're vested? Or are you saying mtgs executed this way should be kicked back, in MI? I've never seen one kicked back for it, and have seen probably hundreds done that way. Ha - I definitely know things can record that SHOULDN'T record! I also know as with most things in life, there's the Right Way, then there's the Other Ways That Work. (And "work" is subjective also!)