Posted by DD/OR on 4/21/07 7:55pm
Msg #186289

Opinion please!

I had a late night signing Friday. The signing went well except for one thing. The pages all had a fourth name for the wife. For instance, First name, 2 middle names, Last name. There should have been only 1 middle name. One of the middle names was incorrect and shouldn't have been there. She said she doesn't recognize the name. Her ID doesn't show that particular name on it. So she chose to line through the name in question and initialed it throughout all the pages. My question is... Will this be OK with Title and Lender? Or will there be a problem. I won't know for sure until Monday. Thanks, DD

Reply by pan/nd on 4/21/07 8:05pm
Msg #186292

DD,

It depends. Sometimes it is OK and sometimes it isn't.

Since the borrower took the matter into her own hands...there's not much you can do except wait until Monday and call..and hope.

Reply by Sharon Taylor on 4/21/07 8:57pm
Msg #186302

Lenders and Title Companies do make name mistakes

Unfortunately since the closing was after hours, and you couldn't reach anyone at the lender, title company or signing agency for advice, that was probably the best way to handle it.
If the lender or title company messed up and added a name that was not part of the name the borrower took title in (whatever name was on their Warranty Deed when they became owners of the house), then normally I am instructed to have the borrower line through the incorrect portion of the name and initial the change on every document whever it appears, as your borrower did.
As pan said, I would recommend that you call Monday and explain the circumstances clearly and in simple one-syllable words and short sentences to whoever is in charge at the title company. Get that person's name and extension number, as well as names and extenson numbers for anyone else you talk with, and then follow up with emails so you will have the explanation in writing as well.

Reply by DD/OR on 4/21/07 10:15pm
Msg #186318

Re: Lenders and Title Companies do make name mistakes

Thanks Pan & Sharon. I appreciate it. DD

Reply by Charles_Ca on 4/22/07 1:06am
Msg #186343

Re: Lenders and Title Companies name mistakes~ Susan...

how could you???? You know that Lenders and Title Companies NEVER make mistakes, just ask them

Reply by Susan Fischer on 4/22/07 2:03am
Msg #186345

Re: Lenders and Title Companies name mistakes~ Susan...

<Laughing.> Still - not my borrower's problem...I just identify, verify, and duly note in my journal. Loans close, all is right with the world.

Cheers!
Susie

Reply by Charles_Ca on 4/22/07 10:59am
Msg #186378

Of course you're right, just my opportunity to take a cheap

shot at Title Companies and Signing Services

Reply by Susan Fischer on 4/22/07 11:05am
Msg #186380

And, a great shot it was, Charles! n/m

Reply by PL on 4/21/07 10:13pm
Msg #186317

Oregon is very specific on ID'ing the person.

If the docs were in 4 names and she can only prove 3 names, are you sure you followed the rules set in the handbook?

Reply by Susan Fischer on 4/21/07 11:16pm
Msg #186327

Re: Oregon is very specific on ID'ing the person. "Making

Corrections: Mistakes do happen. A California certificate may be presented for use in an Oregon notarization. The notary may accidently out yesterday's date on the certificate. The signer's name may be misspelled on the certificate. All of those things can be corrected. Any correction must be noted in your journal."

And "Don't make a correction unless you can confirm it from a journal entry or the signer can verify."


ONPG.

Cheers!
Susie

Reply by Susan Fischer on 4/21/07 11:50pm
Msg #186329

And this from the SOS site:

" : Identification Documents 7/8/02
Did you know that you don't HAVE to have a driver's license when identifying the signer?

The signer can provide you with ONE piece of identification that is issued by the federal government or a state, county, municipal or other local government and containing the signer's photograph, signature and physical description and that is current. Examples include the Oregon ID card, Concealed Weapon's Permit or Military ID card.

**Please note that the current U.S. passports do not include the person's physical description. Check to make sure. Without a physical description, you'll need another piece of ID to verify identity.

Two current documents, each issued by an institution, a business entity, the federal government or a state, county, municipal or other local government and each containing the signer's signature may be used instead of the ONE piece of identification. Examples include a library card, employee identity card, or a group membership card.

If the notary is also an employee of a financial institution and the person to be identified is a customer of the financial institution, one of the two current documents required may be a signature card signed by the customer and held by the financial institution in connection with the financial institution's transactions with the customer.

The basic idea is that the signatures match up. A notary public compares the signature in the journal and the document to the signature(s) on the ID card(s), and so he or she has made a reasonable attempt to ascertain a connection between the signer of the document and the person appearing before the notary. The notary knows who the signer says he is and is relying upon reasonable evidence that he is indeed that person. Non-picture ID is satisfactory evidence, but that doesn't mean it is best evidence. The best evidence, while still not absolutely certain, is personal knowledge.

Can you deny a notarization if the signer does not provide you with a driver's license, but has the other two qualifying pieces of identification?

No. ORS 194.515(8)(b) states that if the signer can produce the two current documents that fulfill the requirements, the notary has satisfactory evidence of identification.

Notaries concerned about identity theft, fraud, and liability need to remember that they are not responsible for the intent of the signer. The notary is responsible for performing notary acts lawfully, and using reasonable care every time they notarize, which includes making sure the ID looks superficially correct: the picture matches, age seems reasonable, the card hasn't been tampered with, etc. The notary is not responsible for the validity of the ID; if the notary has no way of knowing if the ID is invalid, then the notary cannot be held responsible."


Here, our focus is on the reasonable belief that the signer is who she says she is. If the documents have typos, which is a very common occurrence, no matter how many times a borrower may have insisted her name was Shirley Eugest, not her evil twin, Shirley U. Gest, the correction agreement allows the generator to fix the name. And, in OR, we can correct the name in the notarial certificate.

IMHO, the changes were just fine and proper. Happens all the time.

Cheers!
Susie

Reply by Larry/Ca on 4/22/07 12:52am
Msg #186339

Susan in California the law.....

allows the use of a US Passport without the description as the sole piece of identification. I cannot believe there is a state that doesn't. Are you sure this won't suffice in Oregon?

Reply by Susan Fischer on 4/22/07 12:58am
Msg #186341

Not by itself. Must have a second that also contains

signature. ORS 194.515(8)(b).

Signature is a big deal.

Reply by Ernest__CT on 4/22/07 8:03am
Msg #186349

CT also require TWO forms of ID, even if ...

... the primary identification is a passport. Section 3-94a, paragraph 9 of the General Statutes.

Reply by PL on 4/22/07 1:27pm
Msg #186400

Re: Oregon is very specific on ID'ing the person. "Making

My point was that the docs call her Marie Priscilla Elvina Pressley, but all her id calls her Marie Priscilla Pressley. If a mistake is made who corrects this mistake, the Notary or the person who drew up the docs? She has docs that call for one person, but she has a borrower who can only prove 75% of the name on the docs. Who was supposed to sign "MPEP" or "MPE"?

Reply by Susan Fischer on 4/22/07 2:57pm
Msg #186416

Re: Oregon is very specific on ID'ing the person. "Making

IMHO, the docs do not establish or control her identity. Her ID with her signature compared to her signature in my journal establishes her identity. If she doesn't want to sign a name that isn't hers, or that she doesn't use, I can't make her. In every case such as this, the *borrower* has placed a single line through the wrong name, printed her correct name, and initialed the change. She has signed her 'legal signature' in my journal (which matched her signature on her ID.) I have noted in my journal the changes made to the docs and certificates. I change the name on the notarial certificate and initial, if necessary (no need if name not pre-printed.) Never had a problem.

Out of curiosity, how can a borrower "prove" a misspelled or erroneous name carelessly typed on docs?

Cheers!
Susie

Reply by DCD/MI on 4/22/07 12:58pm
Msg #186393

This happened to me on Wed. Borrower's name had 5 AKA's and 2 of them weren't correct (wrong middle name, misspelled first name). She had called the lender with other questions and asked about that, they told her these were names on her credit report and to not cross out anything. Since she had sign and I had to notarize that the list of names were all "one and the same" we both explained that we couldn't sign that they were "one and the same" (we were on speaker phone), so she said just to put "n/a" on the signature lines for the AKA's that weren't correct and for me to write above my sig. and stamp that those particular names were not included (or something like that).

Reply by Susan Fischer on 4/22/07 10:05pm
Msg #186452

I've had instructions to use "NKA", or Never (Not) Known As. n/m

Reply by ReneeK_MI on 4/23/07 3:43am
Msg #186464

careful, since N/K/A is commonly used as "NOW known as" =) n/m

Reply by BrendaTx on 4/23/07 5:52am
Msg #186466

Re: careful, since N/K/A is commonly used as "NOW known as" =)

Renee, I was just thinking that. Ugh. I remember a specific package I did one freezing December 24th at a McDonald's when the 45 miles of slick road I was driving was getting worse with each NKA. I thought it would never end. It was definitely NKA="now known as" in that situation.