Posted by Alz on 12/22/09 9:24pm
Msg #315481

The borrower originally/currently holds title as

an unmarried man; however, now will take title as a unmarried woman via a Grant Deed. Question...Will the borrower be acknowledged as he or she on the document?

By the way, I consulted the search feature before posting.

A.

Reply by Linda_H/FL on 12/22/09 9:26pm
Msg #315482

"By the way, I consulted the search feature before posting."

LOL..and I'll bet you didn't find anything either...

My bet is on "she" - what's the name on the Grant Deed.

Reply by Linda_H/FL on 12/22/09 9:26pm
Msg #315483

"By the way, I consulted the search feature before posting."

LOL..and I'll bet you didn't find anything either...

My bet is on "she" - what's the name on the Grant Deed.

Reply by Linda_H/FL on 12/22/09 9:27pm
Msg #315484

Sorry...hiccups...:) n/m

Reply by Alz on 12/22/09 9:38pm
Msg #315490

It could be considered a female's name. n/m

Reply by MW/VA on 12/22/09 9:34pm
Msg #315488

What???? Did he become a she? Or is it to correct a mistake made originally?

Reply by Alz on 12/22/09 9:37pm
Msg #315489

Yes, to your second question. n/m

Reply by John Schenk on 12/22/09 9:58pm
Msg #315493

OMG

Over the years I've had some very interesting things come up with hermaphrodites and transsexuals in other than notary stuff, but never had that come up for a closing situation.

You're just notarizing the siggies, and I "would think" that the person would probably be looking for more he/she language than you would EVER look for in the docs, and I don't really recall all the much he/she difference in them, but there's some I'm sure. Usually in an acknowledgment it has "he/she," when that's in there, so what is there to worry about? LOL

I sure that was a very unresponsive search. LOL

HAVE A SUPER CHRISTMAS! My day is done and I'm headed home.

Blessings upon ALL of you!

JJ

Reply by Alz on 12/22/09 10:09pm
Msg #315496

John...You are a trip!

LOL

Reply by John Schenk on 12/22/09 11:04pm
Msg #315500

A trip back in time...a better time, I hope. :-) n/m

Reply by John Schenk on 12/22/09 11:45pm
Msg #315503

Re: John...You are a trip!

Didn't know what the issue was, exactly. I actually worked with a individual that was hermaphrodite. It's really a pretty sad condition to be in, and this guy was an attorney that was a total PSYCHO! After I fired him, he threatened to blow up the courthouse, and he lost his license right after that. True story! He had more problems than the sexual uncertainty, and I actually saw photos of him that showed that sexual uncertainty. Wasn't lookin for him, but they were in his desk and left there after I terminated him. First time I'd ever seen any photos like that in my life, but it helped me to understand some of the difficulties this individual was going through. A pretty horrible predicament to be in, I would imagine. When you're born with both sets of genetalia, whatever goes on your birth certificate is what you are for life, or at least it is in Texas. You can sew things up, and take things away, but you ARE always going to be what it says on your birth certificate here, which I don't particularly agree with in this situation. I think there should be a time in life that you can make a choice, get an operation, and decide whether you are male or female, in this crazy occurrence.

Only had one experience with it and stood on the balcony in the office with a rifle pointed at his head one night and told him if he didn't immediately leave the office, I would shoot him (I have dealt with many criminal clients and whackos in my life and keep a rifle and a pistol in my office at all times..I'm a Texan..what can I say? LOL). He threatened my fiancee, Ginny, and he threatened me. He was a total psycho, and I would have shot him if he didn't leave, although I surely would not have wanted to do such a thing. He had visions all the time, at the end, of devils, and he told me he was a reincarnated devil, and tons and tons of crazy stuff he told me. The whole office became freaked, as the guy was totally out of control. I've dealt with many psychos over the years with stories that you WOULD NOT believe. Some worse than that crap you see on TV every day.

Just a personal story on a personal experience. Not notary worthy, but just a life experience.

JJ

Reply by Alz on 12/23/09 10:45am
Msg #315545

No issue.

I posted the scenario for someone, who for whatever reason didn't feel comfortable sharing.

Reply by Kevin/Ct on 12/23/09 4:14am
Msg #315514

Although it could be accomplished by a deed in Connecticut... a deed would not be the only method. All that would be required would be for the title holder to draft and record a change of name certificate indicating the old and new names and the circumstances which required the change in name. The most common example of this occurs when a woman changes her name due to divorce or marriage. Once the change of name certificate is recorded the title holder can then transfer title to a future buyer by deed and sign the deed under the new name fka the former name. It would not be necessary to identify the title holder's sex in the deed. This would be explained in the change of name certificate.

Reply by PAW on 12/23/09 7:45am
Msg #315520

There are a few options for the homeowner

Of course a deed (Warranty Deed, Grant Deed even a Quit Claim Deed) can be used to correct the error. This is a perfect example of using the WTTA form (not available in all states), where you state the PRINCIPAL's name Who Took Title As INCORRECT form. Thus it would be something like:

... PAT PUBLIC, an unmarried woman, who took title as PAT PUBLIC, an unmarried man ...

(WATA is another form: Who Acquired Title As)

Some states allow for a CORRECTED DEED to be filed, correcting the error.

Finally, some states allow a "Correction to Record" type of document to be recorded which effectively changes the original deed. (Similar to an addendum or errata to a public record.)