Posted by apeyfaceFL on 10/14/06 4:05am
Msg #152473

signatures, with or without middle initial

I'm sure this is an age old question, but I had a borrower last night whose documents appeared without his middle initial. He agreed to only initial with his first/last where initials were required, but refused to omit his middle initial in his signature. He said he's argued with attorneys about this before and said, "my signature is my signature". His Name Affidavit appeared without his middle initial, but listed his middle initial as an Alias.

Reply by PJM/MI on 10/14/06 6:15am
Msg #152476

And this always seems to happen at night when the tc is closed and the lo has gone home for the night, huh?
I've let the bo add/delete the middle initial and then have them intitial the change. Then I call the tc in the am and let 'em know what happened.
And how 'bout when the names are WRONG? Or the address?

Reply by sue_pa on 10/14/06 7:27am
Msg #152479

Haven't had one of these in a while. It's probably my turn soon. I always say, very sweetly with a smile, that they may not sign their name any way other than typed. If they don't want to sign that way they should call their LO for permission to sign another way. In the event the LO is not available, I tell them, again very sweetly and with a smile, that we will not proceed and I will be leaving as my instructions are they are to sign as typed, not the way they want to. I don't recall ever having to leave. Makes for a stressful appointment but I am not spending my time having someone sign something contrary to my instructions and risk not getting paid for failure to follow instructions after spending all that time with someone. The few times we have called a LO, borrowers end up signing as typed.

Reply by apeyfaceFL on 10/14/06 7:47am
Msg #152480

Thanks for both your responses. To top it off, naturally, some documents had middle initials (it was a re-fi with husband and wife) and others didn't, so I had to be extra careful to see which were which. The wife was fine with using, or not using, her middle initial where applicable, but however nice I tried to be, he was not. He had an excellent point which I'm sure you'll all agree with, what about those crazy signatures that you can't make out any letters--they could be signing Donald Duck for all we know and those fly. Now that it's morning, I'll call the attorney who's getting the paperwork--if she wants it re-done, she will have to convince him.

Reply by PAW on 10/14/06 11:05am
Msg #152502

What constitutes their "legal signature" ...

NOTE: The following information is in accordance with FLORIDA statutes and the interpretation by the Florida Secretary of State and Governor's Notary Section.

The law is very broad when it comes to the definition of a signature. Almost any mark or method is allowed as long as the signer declares that to be his/her authorized signature. For example, a legal signature may be made by a mark, a rubber stamp, or another person who is directed by the signer to sign his/her name. The SOS further communicated that a persons authorized (legal) signature is whatever they normally and customarily use to sign legal documents. It makes no difference if the name beneath their signature contains a middle initial or not when it comes to their signature. But the notary is charged with proper identification of the individual as named on the document irrespective of the way the signer signs their name.

Reply by Melissa Liberty on 10/14/06 12:00pm
Msg #152508

Hi April,
I had this happen this week. Woman got nasty that she was NOT going to alter her signature because then it would NOT be her signature! to add an initial...Whatever! Look I'm not there to argue or debate I can only express to you what the lender is requiring. And lo' and be hold...I get a call that she had to re-draw and start her recission over because of being a little brat. Soooooo fine with me, sign howevvvvvver you wish. $300.00 for your own stubbornes is good in my book..So don't lose any sleep, they will have to eventually comply but arguing at the table obviously isn't gonna do it.Just stay by your phone. the mortgage co. will be calling back soon.

Reply by T. C. Muniz on 10/14/06 12:17pm
Msg #152511

Just thinking, doesn't the signature affidavit take care of it? Before I became a notary, I myself signed without the middle initial and with only one part of my hyphanated last name. Refinance did pass.

Reply by apeyfaceFL on 10/14/06 12:47pm
Msg #152516

The attorney who is handling the paperwork seems to think the Name Affidavit with an alias showing his middle initial will suffice, but we shall see.

Reply by BrendaTx on 10/14/06 12:51pm
Msg #152517

It's my understanding that the big problem is whether or not the deed of trust will record.

The Name Affidavit may work for ID purposes, of course, but for the lonely county clerk who wants things like they 'sposed ta be? I dunno.