Posted by Jim/AL on 5/27/09 10:32pm
Msg #290137

Help QCD in Alabama question/problem

I did a huge 210 page closing today with the entire package being signed Linda G Smith and Larry Smith (her new husband). The lender included a QCD to take the property out of her previous married name Linda G Jones and quitclaim it to new married name of Smith.
Problem being that the verbiage say's Linda G. Jones (Grantor) whose address is 123 anywhere street and Linda G Smith and Larry Smith as husband and wife, (Grantees) whose address is 123 anywhere street. For valuable consideration blah, blah remises, releases and quitclaims to grantee, all right, title interest etc...
The signature line reuired her to sign Linda G Jones (her former married name) and they TOLD me I had to notarize the old name.
My response was she could sign Linda G. Jones nka Linda G Smith or Linda G Smith fka Linda G Jones and I could attest to her being Linda G Smith from the DL she showed me.

Any suggestions? She did have copies of expired DL and her SS card still has Jones, but she just signed and was acknowleged as Smith, how could I say on the same day she is a Jones?

Do not want to peev the lender or TC, but do want to follow the law and protect myself. HELP please.

Reply by sobeit on 5/27/09 11:07pm
Msg #290141

I had one earlier this week that was very similar. The way the TC worded the signature line for the grantor would be (I'll use the names of your borrower) Linda G. Smith who took title as Linda G. Jones. They only have to sign the grantor line as the current name reads, Linda G. Smith but the title afterwards shows the recorder the previous name on title.

Maybe you can persuade the TC to correct the wording on the deed. If all else fails, I would say that as long as you can verify her previous name, you should not have any problems.

Hope this helps.

Reply by Jim/AL on 5/27/09 11:43pm
Msg #290143

I gave the SS/TC 3 calls & over 4 hours notice that the

verbiage did not make sense IMO (cannot practice law) and that I could not acknowledge her previous name 5 minutes after I acknowledged the current name on the entire set of loan docs. They did not respond until we were an hour into the closing and then the response was its okay we are telling you that you can do it...we do it all the time.
I like my business and would like to continue to prosper legally even if it means losing some business.

Reply by MW/VA on 5/28/09 7:56am
Msg #290156

Re: I gave the SS/TC 3 calls & over 4 hours notice that the

I'd like to hear PAW's response on this one. It's a fairly common issue. IMO it is not our call on how the document is drawn. I think I would have handled it by covering it in the notary certificate as "old name n/k/a new name" & been done with it. IN VA the notary is required to "be satisfied" that the person is who they say they are. You had ID for her in both names, and could understand that the whole purpose of the QCD was to correct the name issue.

Reply by Maureen_nh on 5/28/09 8:30am
Msg #290159

Re: I gave the SS/TC 3 calls & over 4 hours notice that the

Are the pictures etc on the two DLs of the same person? Is the address the same? Do you have an AKA in the pkg?
With the addition of the SS card I would feel quite at ease in notarizing this. BUT, I am not in Alabama. What do your laws say? Call your SOS office if you need a decision after that.
Very technically the QCD should be signed first, but no one is watching.

Reply by jojo_MN on 5/28/09 10:10am
Msg #290163

Sounds like the one I did last night. Total problems. Was it Lend America?

In answer to your question, last night I asked her to bring out her marriage license and an old drivers license. All three matched up, so I was able to notarize it for her.

Reply by Jim/AL on 5/28/09 10:37am
Msg #290167

Yes JoJo it was them. n/m