Posted by Mung/CA on 4/7/06 1:47am
Msg #111786

What would you do on this QCD?

Single borrower named Jane Doe. All the docs have the same name. There's a QCD with the following:

Reply by AngelinaAZ on 4/7/06 1:49am
Msg #111787

With the following what? n/m

Reply by Mung/CA on 4/7/06 1:52am
Msg #111788

got cut off sorry, here's the rest

"Jane Doe (who acquired title as Jane Dove) hereby remises, releases, and quitclaims to: Jane Doe the following described real property......................"

The signature line has Jane Dove (Dove is the married name - she is now divorced)

This loan is for Jane Doe, NOT Jane Dove. ID States Jane Doe. What do you guys do?

Thanks, Rafael

Reply by AngelinaAZ on 4/7/06 1:59am
Msg #111790

I can only answer for AZ but...

In my state the ID has to match the name that will be signed. If she had no ID to support it.. I would use credible witnesses and just get it done.

Reply by sandi_CA on 4/7/06 2:03am
Msg #111791

Re: got cut off sorry, here's the rest

Ask for divorce papers showing name change from Dove to Doe. If not, need to use Credible Witness method.

Reply by CaliNotary on 4/7/06 2:35am
Msg #111793

Since when are divorce papers acceptable ID in CA? n/m

Reply by Mary Pierce on 4/7/06 7:30am
Msg #111800

Re: got cut off sorry, here's the rest

wonder why they even used a QC deed....if I did that deed for the atty I work for here in PA I would have done Jane Doe f/k/a Jane Dove to Jane Doe and had Jane Doe sign. Sometimes these TC's make it harder for us to do our job. I would have to say you'd have to go with the credible witness.

Reply by PAW on 4/7/06 7:43am
Msg #111801

Re: got cut off sorry, here's the rest

The only problem that I see with the QCD is "who" signs it. You're right Mary, in that Jane Doe should be signing it, not Jane Dove. The grantor is done correctly (for FL anyway) using the WATA form, and that's the way the signature line should read as well. Then there wouldn't be an ID problem as the ID would have to match Jane Doe.

The reason for the QCD is to change the name on title from "Dove" to "Doe" so there wouldn't be a problem with all the docs being in the name of "Doe".

Another case for using WATA instead of FKA is that FKA implies that the person is formerly "known as" that name. This may not be the case, but a typographical error that was never corrected, thus the "who acquired title as" verbiage.

Just my 2¢. (Actually, 1.4¢ after taxes.)

Reply by Mung/CA on 4/7/06 9:52am
Msg #111823

The way I see it, she is Jane Doe. Not Jane Dove.

Even if I had a credible witness stating that she was Dove I wouldn't have notarized that signature because the person appearing before me is Doe. As you can probably tell, I didn't notarize that QCD. I hope I don't catch any heat from it. Thank you all for your opinions. I was kind of second-guessing myself for a while but not any more. G'day.

Reply by Paul_IL on 4/7/06 10:55am
Msg #111847

What you should have done was contact the title company

instead of making an executive decision of not completing the QCD.

The signature line should have been changed to read Jane Doe fka Jane Dove and you would have notorized Jane Doe

Reply by Paul_IL on 4/7/06 10:51am
Msg #111844

Reason for QCD was to correct vesting of the title

Your suggestion would have been ok for this refi but would not have corrected the overall problem. That is why a QCD is being used.

Reply by Mung/CA on 4/7/06 11:06am
Msg #111856

I didn't make an executive decision. It wasn't for me to

decide. I could not legally notarize the signature for Jane Dove because that is NOT who appeared before me. Period! I don't work for the title company. They could fix their own mistakes.

Reply by Paul_IL on 4/8/06 12:48pm
Msg #112193

Re: I didn't make an executive decision. It wasn't for me to

Actually you DO work for the title company when they are the one contracting you(via Siging Service).

You did make a decision and this loan may not fund without the QCD. If it has to be done again they will most likey not want you anywhere near it again or possibly any of their other closings either.

Are your really that Stupid?

You missed a perfect opportunity to gain some goodwill from the title company. All it would have taken was a simple phone call to correct the problem. The TC would have appreciated your effort and would have remembered it. Instead you decided to be an idiot and say "I don't work for them, let them fix their own mistakes". Let me guess you are a $50 NNA prodigy!