Posted by SReis on 11/14/07 1:25pm Msg #221181
Signing w/FKA
Had signing a few days ago where borrowers old name was on all docs. She could not produce any id to match that name so signing could not be completed. Now lender wants to use same docs but have her sign with her current name FKA old name on all docs. I can notarize the current name but not sure re: the FKA old name, esp. since using same docs that have only old name on them, although I would probably correct each sig line to match sig.
When it orig didn't sign I told them they should redraw docs under correct name but they can't seem to figure out how to do this(?). I figure they could do a corrective deed but I don't want to make any suggestions. Anyone have any input on this one?? Thanks in advance.
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Reply by NCLisa on 11/14/07 2:04pm Msg #221190
You only notarize the signature that is on the ID on the docs, not both.
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Reply by Terri_CA on 11/14/07 2:09pm Msg #221192
In CA, the only name that goes into my journal and in the notary certificate would be the name that I could ID. I would note in my journal how they actually signed the documents with the FKA.
Don't make any suggestions to the borrower. Without instructions to do so, why would you correct the "signature line." Ask the lender if they want you to do that, or are you to ask the borrower to initial, and they could make typewritten modifications when the docs get back to the lender or TC.
Then lender is accepting the FKA in the signature, not our business as to why they can't figure out how to correct docs with a corrective deed of some kind and then re-draw.
Terri Lancaster, CA
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Reply by JanetK_CA on 11/15/07 3:03am Msg #221359
That "corrective deed" would need to be notarized anyway and the ID situation would raise its ugly head all over again. When the lender (and most importantly the County Recorder) is willing to accept this solution, I'm happy. I completely agree with Terri and Lisa. Not our business to tell them what they should do or to make any changes to docs without being instructed to do so.
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Reply by Terri_CA on 11/15/07 6:37pm Msg #221513
"Corrective Deeds" I've seen have been prepared as follows:
ID name who took title as FKA name grants to.... ID Name.
Then the signature on that Deed is the ID name and all other docs are drawn in ID name.
Terri Lancaster, CA
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