Posted by Chris_NJ on 2/16/06 6:42pm
Msg #97823

TPL Question if you have time or opinion

I had a closing where husband took a heloc on home. Wife was on deed and needed to sign (NJ - til,mort,rtc). Wife never used husband's name. When her name came up in the paperwork work it was her husbands last name. When I got home, I looked it up online, to the last mort and deed,(they told me she never used his last name) and the mort had her real name and she signed as that, but the deed had her listed with his last name and she never signed his last name. Is this possible? I'm trying to think of situations where this could happen, but the dates of prior paperwork, make me think that something is not quite right. Needless to say I could not ID her properly for the closing (and was fired for not doing so, (oh well so be it) but I would like to hear from experience title agents or signing agents that could clarify anything I might have missed. I really appreciate your input and thank you for your time

Reply by Janlee_MI on 2/16/06 8:04pm
Msg #97836

First of all she would not of signed the deed the seller signs the deed. 2nd. You should of got a copy of her marrige certificate this would of showed she was married to this man.
This would of made it possible for you to id her.

Reply by Chris_NJ on 2/16/06 8:40pm
Msg #97841

NJ does not recognize a marriage certificate as id. Also she was not a "seller",she was a .spouse. As far as an aka, she has to be able to id as the person on the paperwork first, not in reverse after he fact

Reply by LisaWI on 2/16/06 8:24pm
Msg #97837

I had this happen once. The wife still used her maiden name. She or her husband had nothing to show her as her married name. They didnt even have a copy of their marriage certificate. Not only that but she didnt want to sign with the married name, she had her reasons. After discussing this with the lender and the title company, I was told her married name was not her legal name. We had to go thru all the docs and change everywhere it had that name and of course initial in addition. It was a very long signing to say the least.
Question though, you said she never signed the deed with his last name. Was this a Quit Claim Deed transferring ownership from her maiden name to her new married name? Hopefully I asked that correctly because I too am curious about these situations. Another question is would it have been possible to have her sign as an "AKA" with lender approval of course?

Reply by Chris_NJ on 2/16/06 8:47pm
Msg #97844

Lisa, this is where it gets weird, she never signed a QC, only the original paperwork as a spouse (she is supposed to be on the deed, only in her name, not her husbands). Is there anyway that that would go through the recorders office? I just don't get it. Thanks for your outlook, I was beginning to think I totally lost it.

Reply by LisaWI on 2/16/06 9:04pm
Msg #97849

In the situation I had, the wife had signed a QC not realizing it was changing her name on the deed. She probably told me more than I needed to know, but she told me she would have never done that if she knew thats what she was doing. It was kind of crazy mess when it came down to it.