Posted by DI/CA on 5/20/08 8:21pm
Msg #248096

Name mispelled

Hello everyone,
I have a signing but the first name is mispelled, what do I do? Can I sign it anyway?
Thank you

Reply by MW/VA on 5/20/08 8:26pm
Msg #248097

Call the tc immediately. I ran into that a while back & had gone ahead with the signing.
The tc needed the docs re-done, as a name correction was not acceptable.

Reply by Steve Carter on 5/20/08 8:33pm
Msg #248099

Normally you can have her sign with her normal name and then on the name aff have her print her correct name and sign it correctly there as well. Unfortunately not all companies, mortgage and title are the same and will have different rules, so as MW says, you should let the title company know asap and do what they suggest.

Reply by PAW on 5/20/08 9:12pm
Msg #248107

Name affidavits should not to be used to correct spelling

The name affidavit is used to show other names as used in legal and financial transactions. It is not used to show an incorrectly spelled name.

Whether or not to redraw the documents with the correct name is up to the title company and/or lender. Some will allow a correction on existing documents (lined out, spelled correctly and initialed), others will not allow any corrections. Some companies will allow typographical errors except in the principal's names to be corrected. You need to contact the escrow or settlement officer for direction.

Reply by JanetK_CA on 5/21/08 2:41am
Msg #248151

Re: Name affidavits should not to be used to correct spelling

So true. And some packages have Correction Agreements and LPOAs - but I agree that the 'when and how' they should be used isn't up to us. However, we often can find ourselves in a position to have to make a judgment call because no one is reachable -- unless we catch the error in advance.

Reply by Carmi/CA on 5/20/08 8:46pm
Msg #248103

When it happened to me, TC told me to have BO crossed out her name, write in the correct one and have her initial. It was a huge PITA but what can I do? I have to follow instructions.

Reply by JanetK_CA on 5/20/08 8:48pm
Msg #248104

It's a toss up. If it's too late to reach anyone (and I would try every potential contact I could find, esp. the LO), you basically have just a few choices, all of which could potentially end up in a redraw - or reschedule of the appointment. The key question is what course of action has the best chance of being accepted and of the loan funding on time? The only certainty is that if they DON'T sign, there is a 100% chance of the signing NOT being completed as scheduled. If you are able to reach someone, it's a good idea to try to document whatever they tell you to do - or not do.

Good luck!

Reply by Ernest__CT on 5/20/08 10:59pm
Msg #248126

Never make the decision on your own ...

... without trying every contact person you can find _first._

The Loan Officer is the best first choice. _Never trust a broker!_ Ever! The broker just wants to get paid and will leave you twisting in the wind if things go south.

Reply by Rachel/ORWA on 5/20/08 11:02pm
Msg #248127

I learned that one the hard way. n/m

Reply by Charles_Ca on 5/20/08 11:48pm
Msg #248139

That is one crappy generalization, its like saying that

every notary is a stupid broad!

Reply by PAW on 5/21/08 6:23am
Msg #248154

I agree, Charles

I was appalled at that stupid and generalized statement. Especially considering that the non-factual statement was emphasized. There are very trustworthy brokers just like there are many cheating loan officers.

Reply by Gary_CA on 5/21/08 8:11am
Msg #248163

Re: Name mispelled -- a confession

Early on I signed a Christina... or a Cristina... I forget... but the "h" was added or dropped.

Next thing you know lender is sending me back with a grant deed to fix the vesting but the borrower protests that they had it right the first time.

Wouldn't ya know that they did indeed have it right the first time and the big dumb notary (that would be me) just changed her name as he filled out his certificates.

TC's can fix anything with a grant deed... but I fessed up and sent new certificates instead.


A word to the wise.

Reply by Sylvia_FL on 5/21/08 11:01am
Msg #248191

Re: Name mispelled -- a confession

Gary - for that infraction take 6 lashes with a wet noodle