Posted by Laurie_PA on 2/9/07 10:49am
Msg #174912

Quitclaim Deed Question

Just wanted to ask how you all handle this.

A woman gets remarried, the QCD has her previous married name as "Grantor" and her current married name and "Grantee". So the document needs to be signed and notarized by the "Grantor", but now this is not her current legal name.

I'm having her have copies of her marriage certificate and old ID's w/ previous name on it but how can I notarize a signature of a NOW not legal name?

Reply by PAW on 2/9/07 10:55am
Msg #174918

Call the title company and see if they will let the grantor sign as:

"Jane Ann Smith who acquired title as Jane Ann Jones"

This way, you can notarize Jane Ann Smith's signature, but it satisfies the grantor name issue.

Often, the title company will draft the QCD to show the "current_name who took title as previous_name" as the grantor. Again, relieving the identity problem.

Reply by notaryfla on 2/9/07 11:40am
Msg #174931

While I do agree with PAW that the deed should have been better prepared to deal with the identity issue, I'm curious Laurie how you determined what her "legal" name was. I have been married a year and a half and it is a second marriage for both of us. My wife has assets with my last name and assets with her previous name. In fact, she opened a checking account with both names, (although I have to say I'm not happy to see her ex husband's last name on her checkbook), so that when checks come in, in either name, she can deposit them. What makes either name any more or less "legal" than the other? Are we to assume that a "legal" name is what is on a drivers license? Her passport is in her previous name, not expired (she hasn't changed it yet). Does that make it a "legal" name also? I know this has been discussed before, but it looks like one of those things that doesn't go away so easily or perhaps doesn't have a concrete answer that we would like it to have.

Reply by PAW on 2/9/07 2:16pm
Msg #174944

The issue isn't what constitutes her "legal" name, but what name she can be properly identified as. If she doesn't have valid and acceptable ID in her previous name, then it is difficult to notarize her signature as such. That's why the need for a 'representative capacity' in the signature where the name as identified can be acknowledged in the notary certificate.

Reply by Joanne_NY on 2/9/07 12:06pm
Msg #174934

She could also sign as Jane M. Doe f/k/a Jane M. Smith -

Reply by sue_pa on 2/9/07 2:58pm
Msg #174951

Laurie, you can no longer tie the names together with the marriage license (except for your own satisfaction). For the deed, she needs UNEXPIRED id in her prior name - that means drivers license, voter's registration, car registration, passport, ss card. Depending how long she's been married, it's often difficult for them to come up with something. Problem appears to be she'll then also need id in her new name for the loan docs. I absolutely love that they changed these id requirements apparently without asking any of us in the field for our input on the every day situations we run into.

Reply by sue_pa on 2/9/07 3:00pm
Msg #174954

p.s.

in all of our counties, nothing will record unless the grantor clause, the signature line and the notary block are all the same.

Reply by Kevin/Ct on 2/10/07 1:58pm
Msg #175118

In Connecticut she would sign the deed under her current name f/k/a and her former name. She would also record an affidavit of name change with the Town Clerk of the town in which the property is located mentioning both her current and former names, and explaining the reason for the name change(i.e. marriage, divorce).

Reply by MelissaCT on 2/13/07 5:55pm
Msg #175537

Too bad more people don't know about this

I found out after being married for almost 2 years -- title was still in maiden name. I did get a change of name form for real property & had it notarized & filed at city hall to make it [change of name] "official", but I've encountered this issue several times. I only discovered the statute while searching the CGS for something else. It would be nice if the information was conveyed when applying for a marriage license or changing name at motor vehicles, etc. Those are the places you actually think to change your name, not on your deed.

Reply by Kevin/Ct on 2/10/07 1:58pm
Msg #175119

In Connecticut she would sign the deed under her current name f/k/a and her former name. She would also record an affidavit of name change with the Town Clerk of the town in which the property is located mentioning both her current and former names, and explaining the reason for the name change(i.e. marriage, divorce).