Posted by Mary_CT on 11/30/10 9:29pm
Msg #363285

Six yrs of doing this and this is a NEW one. Suggestions

Still trying to figure out what to do.

The borrower has an existing title/deed in his name, BUT the name has a typo.
it is missing a letter.

So the lender and title company prepared all the paperwork in the typo name and put the borrowers REAL name in the AKA list.

Now here is the rub...and I know you ALL know what the issue is for me. I can't notarize the docs in the typo name, because I DO NOT have an id that matches that typo name.
Correcting the name throughout will make not match the existing title.

Alternatives:
1) ideal one... (for the notary, anyway)- get the old title fixed with the real (corrected) name and then redo/redraw the refinance package.
2) Correct the Name affavidavit to have his correct name on the top, then add the the typo-name in the AKA list
a) do the notarization for the real name with AKA typo name Jack Splat aka Jack Splatt
b) do the notarization for the real name (correct the name in the notary acknowldegement, but then it won't match the doc.

Has anyone had this problem? The title company and the loan officer were not sure what to do. I have no problem fixing the names on most of the docs...but the recordable docs are the MAIN issue.

Reply by Ernest__CT on 11/30/10 9:33pm
Msg #363286

Never tackle this one yourself.

This question is why attorneys are paid the big bucks. Tell the firm that hired you that you are not an attorney and cannot LEGALLY make the decision. An especially good answer because it's true....

Reply by Mary_CT on 11/30/10 9:46pm
Msg #363288

Re: Never tackle this one yourself.

I called the signing company and the loan officer. Neither of them had a definitive answer.
I am not about to let the package sail through without an id that matches the package.

Tomorrow I will call the signing company and let them deal with it. I told them tonight that if they redraw it I will come back and get is signed, but I can't notarize it with the id not matching the package.... perhaps the AKA thing will work...

but as I said...the ideal to me is to get the title corrected.. then all is clear to redraw and do a proper closing...

but I am wondering if this happens often...never had this situation..and I get some lulus as we all do.

thanks

Reply by jnew on 11/30/10 10:11pm
Msg #363292

A mis-spelled name of record is a title defect. To continue to sign conveyances with the incorrect name does not cure the defect. The legal counsel for the lender or the title underwriter should cure the defect prior to the closing. The title underwriter would be the ultimate decision maker, since his/her company has to insure the transaction. The title agent/closing agent may be opening the insurance company to a claim by ignoring it or making a third party (you) responsible. If you, as a signing agent, make the decision to cure it and there is a title claim, the underwriter may have legal remedies against you if you suggest a curative procedure for the document. You might want to pass on this signing for your own sake.

Reply by LKT/CA on 11/30/10 10:41pm
Msg #363295

Real name: Jack Splatt
Real SSN: 123-45-9876
Real DOB: 1-2-1900
Real place of employment: Neptune

Typo name on docs: Jack Splat
Docs show SSN: 123-45-9876
Docs show DOB: 1-2-1900
Place of employment: Neptune

Clearly a typo and not two different people so I write a sticky note alerting the TC to the typo, follow your (b) option since we cannot do AKAs on the notarial certs in California, and let the TC handle fixing the typo, via the Correction Agreement/Limited POA. Yes, I've had misspelled names, to include recordable docs. Have never had a problem.

Reply by James Dawson on 11/30/10 11:21pm
Msg #363300

I had one similar about nine months back, Title Company suggested same senario as LKT stated.
No problems because they made the call.

Reply by Jack/AL on 12/1/10 12:33am
Msg #363310

How about a corrective deed?

I don't know what it might be called in some states, or what is legal anywhere, but at least once I've seen a new deed (called a "corrective deed") with correct spelling prepared, signed, and recorded. Seems easy. that is in Alabama.

Reply by ReneeK_MI on 12/1/10 5:40am
Msg #363323

There's another alternative ...

I would agree in my most lay person/not an attorney voice, that a corrective deed would be the ideal thing, and I won't get into the whole name game as far as 'reasonable satisfaction' of identity, but there IS another alternative:

Let's say "John Smith" took title as "John Sith". Because "John Sith" is the 'person' who holds title, "John Sith" must be vested on the mtg/dot and "John Sith" must sign it and "John Sith" must be in your cert for it to record.

The alternative to a/k/a is to use "who took title as". It changes the typo "John Sith" from being his identity to being his capacity.

Vesting on the mtg/dot would read "John Smith, WTTA John Sith"

Signature line prepared "John Smith" or "John Smith, WTTA John Sith" (both would work)

Notarial cert: Acknowledged by John Smith. (If your state allows, you can include the capacity "who took title as ...", or you can word it any way that works for you & the recorder.

*I know nothing about CT certs OR CT recording - I've done this many, MANY times here in MI, but you might give a call to the county recorder before suggesting this alternative to Title.

Reply by LynnNC on 12/1/10 9:34am
Msg #363360

Re: There's another alternative ...

Renee wrote:
"Let's say "John Smith" took title as "John Sith". Because "John Sith" is the 'person' who holds title, "John Sith" must be vested on the mtg/dot and "John Sith" must sign it and "John Sith" must be in your cert for it to record."

If borrower signs as "John Sith", how can that signature be notarized when his name on ID is "John Smith"?

I had a similar situation last night. Non-borrowing spouse's name on ID was Jane Anne Doe, but title had her name as Jane M. Doe, in error, and that was how her name appeared on all docs on which her name appeared, including DOT. Title said for her to just sign without middle initial, and inital the strike-out, which didn't seem right to me. It seems to me the correct way to handle it would have been for her to sign "Jane A. Doe WTTA Jane M. Doe". On the non-recordable docs, she corrected middle inital and initialled the change.

Reply by ReneeK_MI on 12/1/10 1:14pm
Msg #363429

Lynn ... I'll elaborate

You asked me: "If borrower signs as "John Sith", how can that signature be notarized when his name on ID is "John Smith"?

By doing exactly as you next described (below) - you're keeping the name in the vesting & printed below the signature, and even in your cert if your state allows, but you're changing it from being his "identity" to being the capacity w/ "who took title as" (or as Paul suggested, "who acquired title as"). His signature - the actual handwriting - isn't in question, as it's his chosen 'mark'. He could sign just his regular signature/mark, or he could sign all the verbiage "John Smith, WTTA John Sith" - whichever lender/title want.

Here's what you used as an example, which is the same as my example:

"I had a similar situation last night. Non-borrowing spouse's name on ID was Jane Anne Doe, but title had her name as Jane M. Doe, in error, and that was how her name appeared on all docs on which her name appeared, including DOT. Title said for her to just sign without middle initial, and initial the strike-out, which didn't seem right to me. It seems to me the correct way to handle it would have been for her to sign "Jane A. Doe WTTA Jane M. Doe". On the non-recordable docs, she corrected middle initial and initialled the change."

Reply by Carole Breckbill on 12/1/10 7:15am
Msg #363333

"The title company and the loan officer were not sure what to do...." so they passed the problem on to you? I don't think so! If they don't know, they need to get to somebody who DOES know and has the authority to "fix" the problem in one of the several ways already mentioned.

Reply by Linda_H/FL on 12/1/10 7:34am
Msg #363335

"The title company and the loan officer were not sure

what to do"...

Not surprised the LO wouldn't be sure - it's really not his purview - but that's title's job!!

My experience in CT is this is really an easy fix BUT, gee, someone's gonna have to do some work - corrective deed correcting a scrivener's error then redraw the docs with correct name - and IMO this should be on lender's/title's dime (and not out of borrower's pocket via redraw fees) since the name discrepancy should have been picked up SOMEWHERE in the course of application/underwriting...

Your problem? No - this is not your responsibility. But, one question - how does his ID read and how is it signed? You don't mention that. I'd have him sign as on the ID or however title instructs if they use the original package, but my cert would reflect the name on the ID. The AKA statement doesn't come into play for your purposes - that only covers title/lender behind for any name discrepancies or variations in their file.

MHO and good luck..

Reply by Mary_CT on 12/1/10 5:55pm
Msg #363499

Thanks for all the suggestions

I made the title company get the counsel of their lawyer. I refused to notarize any name but the real one, so I had to write that name in on all the notarization blocks.

I also created a record and via emailson their computer database that the lawyer and title company came up with this solution. Originally, they asked me to just notarize it as typo'd. but i told them I can't notarize a document without a matching id....and I did not have a person and id with that typo name. I wanted a paper trail that there was this concern and that I could only notarize his real name....which is what I did. I then scanned in the entire package and sent it to title reiterating what was done. I have a copy of all those notarizations. (since it was just a missing "i", I did not want them to take the doc and add all the i's in. I doubt they would do such a fraudulent thing...but one has to cover one's behind on these things.)

I honestly think that the recording clerk is going to reject this and they will need to fix the old title and redraw the package, but....THAT is not my call.

Reply by PAW on 12/1/10 8:18am
Msg #363340

Can "WATA" be used?

Can you use representative capacity in your certificates? If so, it may be possible to use the following construct: John Doe <name as shown on ID> WATA <Who Acquired Title As> Jon Doe <name as shown on title>.

Of course, in our collective opinions, the best solution would be to fix the typo first (corrective deed) and redraw the docs in the correct name. But, that's not our decision.

Reply by LynnNC on 12/1/10 10:10am
Msg #363371

It is interesting that several of us, with many years...

...of experience between us, have come up with different answers!

Reply by Linda_H/FL on 12/1/10 10:25am
Msg #363376

Probably because the issues are all very state-

specific - not only from a notary viewpoint but with regard to the required procedures to correct vesting of title.