Posted by texNcally on 11/17/06 5:57pm
Msg #160893

name signing

Ok here is my question after reading some threads.
I have done several loan packages and some have aka's and some do not.
I alwas check ID and it matches with name on documents, so far no trouble.
I read the thread about middle names ,( refering to nazi names) and how some people were making BO sign exactly as documet says with middle name, but if this is not there signature they use to sign their credit cards or drivers liscense why would they use it now?
My legal signature for signing any notary document does not include my middle name or initial which is included in my legal name and commision, and this is how I am required to sign by the SOS for all notaries. I am wondering if people were revering to printing the name of the BO because there should be no reason for them to use any signature other than what they always use.
tex

Reply by Lee/AR on 11/17/06 6:50pm
Msg #160897

What Title/Lender want is for the name on the mortgage to match the way the name appeared on the Deed. The Deed is a long done deal & that's the way it IS.

Reply by texNcally on 11/17/06 7:01pm
Msg #160900

Here in Caly we can except a signature that is less but not more, and if it does need to be an exact match for printed name and signature they have an AKA to sign with legal id matching and then with aka name. I was just wondering why if it there was no required aka DOC why they would make them sign more, since legally they can not sign more, only less, so if they signed any DOC other than aka DOC with more than what legal ID said it would make it null and void?

Reply by Les_CO on 11/17/06 7:09pm
Msg #160902

You as a notary...signing agent need to have the (usually) borrowers sign the documents as their nanes are printed on the documents. These "names" come from the recorded stuff that show up, (of record) and maybe the credit report. Most importantly (if it's a refi) how they presently hold title. Usually the title company and the lender have done their homework, and KNOW how they want the person(s) to sign. There's lots of crap floating out there, about "names" signatures" etc.. It all depends on the state law where you are commissioned. Basically you must be able to SWEAR under oath, in court that "That person (indicating the signer/witness) signed this document (or not) before me on this date" And it would be good to be able prove it. The AKA affidavid's do help in clarifing things. If the guy OWNES the house, and questions the 'name' you say this is how you signed the doc's last time, they are of record. If he still insists "that's not me" you got a problem that YOU can not solve. Turn it over to the title co.