Posted by Teresa/WA on 6/11/09 11:46am
Msg #291961

signature affidavit

When borrowers are signing the "signature affidavit" and it has certain spelling and/or intitials that do not pertain to them and/or never used, do they sign any and all or just the ones that pertain to them? Can they put N-A in the signature spot?

Reply by jba/fl on 6/11/09 12:03pm
Msg #291965

I have them put "never known as" on that line and initial. No one has called me on it (yet). If their name is Smith and the 'so-called alias' is Smyth, it is a typo somewhere so why should Mr. or Mrs. Smith sign anything at all? They have never been known as or used the other spellings.

Reply by Teresa/WA on 6/11/09 12:05pm
Msg #291968

Thank you for your answer I will remember that one.

Reply by John Schenk on 6/11/09 3:52pm
Msg #292013

jba, that's the way I always do it also. "Never Known As."

Reply by davidK/CA on 6/11/09 12:06pm
Msg #291969

It depends on the lender and title company. Some companies are so "anal" about the signature/name affidavit and others don't get excited about how corrections are made.

Ex: Provident insists that the borrowers write "not my name" and sign the borrowers full legal signature thereon. They will not accept any other form of correction as valid and will bounce the entire loan package.

Most often however, simply having the borrower draw a line through the incorrect name and initialing it appears sufficient. Some signing services include specific instructions about how to complete the document if there are errors.

The best advice is to ask your client how to proceed.

Reply by YumaAgent on 6/11/09 12:35pm
Msg #291983

I have had several BO's mentioned they have never gone by "X" name. Either prior to or during the signing, I contact Title to get clarification. Most EO's mention that names have been listed per lender inst and obtained from their credit report as an "alias or aka" and need to be signed how it's pre-printed, even though BO's have never gone by that name. Guess it's a glich or how it can be entered wrong into the credit reporting system--we're all human!

Reply by LKT/CA on 6/11/09 1:10pm
Msg #291988

<<<Most EO's mention that names have been listed per lender inst and obtained from their credit report as an "alias or aka" and need to be signed how it's pre-printed, even though BO's have never gone by that name.>>>

Yep, had that happen. A last name that wasn't the borrower's - at all. Called TC and they said do not touch it (meaning do not line through it) and she must sign it on that line with THAT name or the loan won't fund. So I told her what TC said and she shook her head but signed it. While something seems trivial and an easy fix, I get guidance from the TC on how they want it corrected (or not corrected).

Reply by cntrlcalntry on 6/11/09 2:36pm
Msg #292004

I have them print I have never used this name on the signatute line unless the instructions indicate differently. I personally would not sign a notarized document stating I used a name I did not as I do have
"alias" come up since I have a very uncommon last name. I have never had any problems with this but maybe others have had it come up?

Reply by MikeC/NY on 6/11/09 3:37pm
Msg #292010

But it's an affidavit

They are swearing to the truth of the contents of the document. How can they swear that they are AKA some name they've never used before? And how can a notary administer the oath and notarize, knowing that what they're signing is not true?

I understand that the TC may want it all neat and tidy, but which takes precedence - their needs, or your responsibility as a notary?

(Not criticizing you - just throwing it out there for discussion).

Reply by dickb/wi on 6/11/09 1:11pm
Msg #291989

i always do it as juli does..over 3500 closings no kick back n/m

Reply by jba/fl on 6/11/09 2:56pm
Msg #292006

This brings up other questions:

1. Signature Affidavit and AKA statement form:
Signature Affidavit
I, Susie Q. Borrower certify that this is my true and correct signature
Susie Q. Borrower - followed by signature
AKA Statement
I, Susie Q. Borrower, further certify that I am also known as:
Suies Q. Borrowwwer (space to sign)
Jane Doe (space to sign)
How can she certify this? She is not either: one is misspelled, the other not even close.

2. Name & Signature Affidavit
My name is – I sign as
I’m also known as: but no signatures required. Several names listed, some incorrectly...
She is going to say I am also known as Sally Jones?

3. Signature/Name Affidavit
This is to certify that my legal signature is as written and typed below (Must match exactly docs)
Susie Q. Borrower (Signed as I signed the Security Instrument)
I am also known as:
Sueie Q. Borrowwer - Line to sign:
how? Incorrect person? Another person? And if mistake that others have made inputting information, how is she to know this has happened, and just because they made a mistake, does that make it her? With all the strange names in the world, could there not be another by that name that is not misspelled?

So, we come to the final line: I certify my legal signature, I also am known as
And that _________________are one and the same person.
Do you now put all those fake and strange names here? Or “as stated above”. Or, just the names that pertain and have true relevance?

Reply by SheilaSJCA on 6/11/09 3:55pm
Msg #292014

Re: This brings up other questions:

I agree w/Julie, how can you swear to something you do not believe is true?
I put "the above named" in the blank line.