Posted by MelissaCT on 1/28/06 2:09pm
Msg #92088

Name issue, personally known in CT

Let me preface by saying that I've been doing this for 2 1/2 years. This is an unusual case (in my opinion). I did a closing for my neighbor, she specifically requested me. Since she is personally known to me, I didn't collect ID (we've lived next to each other for 8 years, go to the same church, etc.) My question is this: She acquired title with her uncle (I know them both) and is refinancing. However, the original title was in her previous name (not maiden name, but her previous married name -- she's remarried now), so some of the documents have that name, and others have her current name. She's been remarried for over 10 years, thereforre does not have an unexpired legal ID with her previous name ( I did ask her). Her kids all have her former husband's last name, so I can be reasonably sure that the name was used by her. Does my personal knowledge of her & her family override the ID requirements? I personally know the people involved in this transaction & it is my belief that there is definitely not any case of fraud in the loan. Just wanted to get opinions.

Reply by PAW_Fl on 1/28/06 3:02pm
Msg #92097

From a purist point of view, all the documents, including the DOT/MTG should be in her current legal name. And I am assuming that the name would be her currently married name. Therefore, there should be at least a QCD showing the name change to her current name. Then there would be no issues. IMO, it's sloppy work on the lender and/or title to prepare a document set with a mixed bag of current and former names.

Disregarding the notarial certificate/ID issue, the lender can satisfactorily use a "Signature/Name Affidavit" and/or an "AKA Statement" which would tie the names together for their purposes. However, when it comes to notarizing signatures, you can only notarize those that you can positively identify.

Assuming that the lender/title doesn't want to change any of the documents, then can you, as a notary public, swear that you know the signer in both names? From what I read, you apparently did not know your neighbor in any other name and really don't know if she was married to the father of the children, even though there is supporting evidence. This is one of those cases were jurisprudence and common sense come into play. IMO, it's a judgment call.

Reply by Kevin Ahern on 1/29/06 5:59am
Msg #92181

Melissa,

I practice law in Connecticut. The situation you have described is a common problem. Your friend needs to clarify the situation by recording a change of name affidavit in the town hall in which the property is located which explains the reason for her name changes (ie divorce, marriage, legal name change). This affidavit will serve as constructive knowledge to third parties that she is one and the same person. Certified copies can be obtained from the town hall on as as needed basis. This affidavit will show up in the title search ordered by the lender subsequent to her loan application, and should alert the lender to the problem. Having been so notified, the lender can prepare the doc package properly. I find it unusal for some of the loan documents to have contained both her current and former names. It sounds like a slip up in the lender's office. This matter should have been brought to the lenders attention at the outset of the closing.

In the doc packages prepared by lenders there is generally a name affidavit that asks if the borrower has been known by any other names, and requests the borrower to sign for each of the names or aliases. This can further clarify the situation.

In so far as verification of identity is concerned, the phrase "known to me" may be sufficient for the requirements of completing an acknowledgement, but it may not satisfy the requirements of the Patriot's Act which may require you to verify the identities of the borrower through objective evidence...driver's license, etc. There is generally a form in the doc package that asks you to specifically identify the documents you reviewed in the closing to establish the identity of the borrower.

Reply by MelissaCT on 1/29/06 8:37am
Msg #92188

Thank you for the replies.

I do know for fact that she was married and I did have her complete the aka statement with all names. There was no patriot act notice within the package. I had also acted as nsa on a refi that her & her current husband did on another property & the aka on that loan contained her pervious names, but my issue is if that is relevant to this set of docs. I don't have a copy of that set of docs to show the name change.

The reason I even brought it up was that, if I didn't personally know this bwr, I don't believe I would have been able to positively establish identity and conduct the closing the way the docs were drawn. The QC Deed did have Jane Q Doe, who forerly took title as Jane Q Public, but the QC was from her & her uncle conveying to just her. It was only a couple of affidavits that had her previous name listed due to the fact that she was on title still under that name.

In CT, a CW would have to be known to both the bwr and notary, but how far does "personally known to be or by me" go?