Posted by CF on 12/23/10 7:48am
Msg #365853

AKA Question

Example: Borrowers name is Jane Smith (maiden name) this is her legal name. Docs say Jane Doe (husbands name). Jane Smith has NEVER used the husbands last name of Doe. She has always had her maiden name of Smith. How can an AKA be used for this matter? It does not make sense to use an AKA when she have never been known by any other name?

I feel that docs need to be corrected to reflect the correct last name. I am being told that she holds title as Doe. Well, that is not my problem...that is the problem of another person/notary/title company before me. I notarized for her name and signature that she used and that is on her id. I feel at the very least that QCD needs to be issued to FIX the situation not use an aka.


Also, they want me to notarize the name that she is not. I have walked away from this issue- I know that I perform my part properly and that I notarized a signature that matched the ID.

Reply by Lee/AR on 12/23/10 8:10am
Msg #365857

Not answering what to do, just commenting on 'never used Doe'....yet she must have when she took title--tho' it may have been unwittingly--it still IS.

Reply by Kate/CA on 12/23/10 8:58am
Msg #365864

I see this in my area all the time. The title company doesn't even pay attention to the name on the ID, they are notaries also, but only write down the ID number, etc. Many times they will put the docs in the nickname the borrower goes by, Bobby for Robert, the wife under the married name when her ID doesn't
have the married name on it. I even had one that the name on the deed was like "Mary Jones AKA Mary Smith". When they refinanced the lender wanted it signed that way and both names notariezed. That created problems in signing and notarizing, 2nd husband was furious they still had her name in her previous name.

Reply by Scott/NJ on 12/23/10 10:32am
Msg #365880

If it's just on the Name Affidavit I have the borrower line through it, initial it and write the words "I am not known by this name".

A lot of times the borrower's Dad's name, or son's name appears on the Name Affidavit, and even though the TC might have found something in their credit history, it is still incorrect.

Sometimes the wife will have her maiden name as an AKA, which may be correct. Like if she bought a car or house before she was married, etc. Then aain, there is a name she does not ever go by and has never been known as, so I line through it, etc.

Never had any docs retunred for that...or even questioned for that matter.

Reply by HisHughness on 12/23/10 10:49am
Msg #365884

***If it's just on the Name Affidavit I have the borrower line through it, initial it and write the words "I am not known by this name".***

I have been instructed more than once by more than one title company not to line out incorrect names for a signer on the name affidavit. The preferred method -- in fact, the only method they would accept -- was to add "I am not known as John Doe." Accomplishes the same thing, and keeps the TC happy.