Posted by Janlee_MI on 7/14/06 6:04am
Msg #133114

Name Changed. (Did not close).

It was one of those closings that you know that there is going to be problems before you even leave the house. The borrowers are new citizens (about) 2 years. When we became a citizen he changed his first name, because no one could pronounce it.

Well he has the license that says the new name and all the documents have his old name. I call the signing company and they understand about not signing it. So I explain to the borrower, they totally understood.

My questions is should the name changed been recorded to make it valid. . It is not in the copy they gave me?

Reply by NCLisa on 7/14/06 7:13am
Msg #133119

The DMV in most states won't issue an ID with a name other than your legal name. In most states name changes are just filed in the clerk of courts office, and not recorded. It doesn't need to be recorded to be legal, just filed. Somewhere along the line the lender "picked" the name that was used most often on the credit report and possibly the title search. It would be nice, if lenders would say "we are going to use the name on your DL on all your loan docs". I know...it will be a cold day in HE!! before that happens.

Reply by Bob_Chicago on 7/14/06 7:40am
Msg #133120

Re: Name on mtg/dot and note, should match........

up with name on title. If not validity of mtg will be ?ed.
This is usually solved by putting name in mtg as.
Chucky Jones who took title as Chittychittybangbang Jones.
He signs that way but the NP ack says Chucky Jones as
is on DL.

Reply by Marlene/USNA on 7/14/06 9:11am
Msg #133140

Re: A friend of mine changed her name legally. . .

. . .carries around the court document to prove it. Can that court document be used to verify a name change in a situation as you're discussing in this thread? Can you add new legal name to the AKA with the court document?

Reply by Janlee_MI on 7/14/06 9:19am
Msg #133142

Marlene that is what I am wondering? n/m

Reply by Marlene/USNA on 7/14/06 9:57am
Msg #133152

Re: Met, too - let's see if someone can help us. n/m

Reply by Diga2Lin/FL on 7/14/06 3:16pm
Msg #133265

Re: A friend of mine changed her name legally. . .

Not sure if this will help...but..

In CT, if the title search shows the real property in one name and the borrower's name has changed at some point (through marriage, divorce, court proceeding, whatever) we had them sign a "Certificate of Change of Name" which is notarized and recorded immediately prior to the recording of the security instrument, thereby allowing the loan docs to be drawn in the current legal name of the borrower. This also avoids the AKA fiasco.

Besides, I would hate typing Chittychittybangbank 42 times..<G>

Reply by NCLisa on 7/14/06 9:49pm
Msg #133308

Re: A friend of mine changed her name legally. . .

If you are in a state in which "satisfactory evidence" is acceptable on the notary's part, then yes, you can use a certified copy of the court filed name change doc. As long as you can reasonably connect the dots, there isn't a problem.

Reply by Gerry_VT on 7/14/06 12:32pm
Msg #133205

I understand that a person may change his/her name as part of the naturalization process. I found a government web site that supports it, but the site does not go into detail (http://www.uscis.gov/graphics/aboutus/history/articles/Zakot.html).

I don't know whether the naturalization certificate would contain both the new and old name, or just the new name.

Reply by ReneeK_MI on 7/15/06 5:40am
Msg #133317

Re: specific for MI, long (my monthly novel!)

Whether or not the doc changing his name is recorded or valid is regardless - he is legally identified by whatever is on his D/L. It would have been the responsibility of the MI SOS to determine the validity of the name on the D/L.

First name changed - nothing different than any other scenario where ID doesn't cover name on docs. Maiden name/married name/missing middle initial/Jr or Sr missing - a name discrepancy is a name discrepancy. MI is pretty clear with what is required to identify someone for notarial purposes (current gov't issued ID)and the credible witness is almost always a no-go as they must be MUTUALLY known. (It's a small world but usually only when you run into Target on a bad hair day and no make-up and coffee spilled all over your shirt ...)

So ... in ANY scenario where acceptable ID doesn't legally cover notarizing as docs are prepared, I go straight to title, give them scenario, ask them if they want a hand-correction. Usually they already know if that particular lender will take a hand-correction. Regardless of a hand-correction being recordable, legal, legit ... some lenders simply will not accept it and want to re-draw. I also ASK - does lender want all non-notarized docs signed "as is", or want those corrected also, and leave THAT choice up to borrower - "Your lender asks that you sign "as is", since I am not notarizing these, it is none of my business how you sign them and it is YOUR choice to comply with your lender, in the interests of expediting the loan funding."

If title can pull a QC Deed off and you have access to a fax or printer - cool beans, they can fix things the 'right' way. Most of the time, this just doesn't happen and the 'lazy but works' way gets resorted to (using Joe Blow, f/k/a Goew Blow; Joe Blow, W/T/T/A Goew Blow; etc.)

The "A/K/A" and/or "Signature Aff" would show both (Joe Blow would have to be added to the list of variables). This doc is used to 'tie' any name variants to the borrower, as "one and the same". With this doc, if the notarized docs show "Joe Blow" and the rest of the docs get signed "Goew Blow" - lender is covered.

I just had yet another situation where "Jr." was on docs - borrower was not and never has been a "Jr.", it somehow landed on the WD when he purchased 30 YEARS AGO. Over the course of 30 years and countless refi's - not one notary EVER hesitated, questioned, or failed to notarize him as someone he IS NOT and never had ID as. (Grant you, some laws have changed over the years, but he'd had recent transactions in there too.) This guy was as baffled as I was as to WHY this has been going on all this time - EVERY notary has simply told him "you have to sign this way ..." It's these kinds of things that fuel my fire right now - I mean, sure, I had no reasonable doubt he was who he said he was BUT the law is VERY clear, and fraud DOES happen, and it doesn't hand you a card that says "Joe Blow, fraudulant borrower" first. I could not and did not notarize him as "Jr.", and I did close this, and I did it legally and compliantly and this borrower will never have this issue again. It wasn't hard, it didn't take but an extra 4 minutes, but it did require knowing & following notarial laws and lending/title/county recording compliance requirements.

Obviously there are plenty of notaries in MI who would've ID'd him as "Jr", simply based on the lack of any reasonable doubt that he was the person being presented as such. There are plenty who would use a marraige license to ID a woman who's D/L showed her maiden name, use a birth cert when D/L lacks a necessary middle name, etc. I follow the law as I interpret it and these are my decisions. =)

Reply by MelissaCT on 8/17/06 4:06pm
Msg #139127

In CT, it is state law (though not well known by any stretch of the imagination) that a change of name is to be filed with city/town hall within 30 days of name change (only applies if property was owned in previous name, of course). Well, I found this statute about 2 years after getting married, I owned the house in my maiden name. You'd think this would be mentioned when applying for the marriage license...

My point is that perhaps the change of name should be filed, but since no one knows to do it, it doesn't get done until refi or other action on the property is requested/required, if at all.

This does not constitute legal advise of any form, it is simply my experience, based on my personal research.