Posted by Grammyzoom on 9/2/10 4:53am
Msg #351272

Now you see him, now you don't!

We had a situation tonight that was, even for me, a first!

Mr. Robert Borrower was an NBS (non borrowing spouse). His name is on the docs. But, Robert has had a name change to Mrs. Mary Borrower. She provides us with the new drivers license and a copy of the court papers acknowledging the change. The borrowers informed their lender in detail regarding the name change but the docs still had his name on signature lines.

We call SS who calls title - no one there.

We cannot notarize without id for Robert so ask if they have DL for Robert. Yes and the 2 drivers licenses are identical with the exception of the name. Same number, same photo (well one with lipstick), same dates.

We had her do the cross out and initials below signature lines etc., sign as Mary and on the Signature Affidavit changed the legal name to Mary Borrower and added an AKA for the Mr. name.

They were the nicest people but this was a very awkward situation.

We won’t know until later today if this is going to work or not? Will probably be a redraw. Perhaps a Qt to change names on title. ?? Anyone ever had this happen before?

Reply by ReneeK_MI on 9/2/10 5:09am
Msg #351274

no different than any other changed name ...

My bet is this won't fly. Perfect example of when using either "who took title as /WTTA" or "Formerly Known As" would've been more appropriate, since those are both true statements and "a/k/a" isn't precisely true.

Crossing out and changing the name will result in a redraw more often than not. IF the lender is going to accept any kind of correction, it's more likely they'll accept one that shows both the name as prepared, and some kind of corrective added to it. For example:

Mary Borrower, f/k/a Robert Borrower

On the mtg/dot & any other recordables, I'd have used "Mary Borrower, WTTA Robert Borrower" - these are true statements and will record that way if you properly hand-correct the vesting & signature lines so they match, and your cert only needs to show "Mary Borrower" - although in your case, you could/did ID both identities so you could've included both names w/some clarification verbiage (at your discretion).

Reply by ikando on 9/2/10 8:07pm
Msg #351368

Re: no different than any other changed name ...

Renee, what is WTTA?

Reply by jba/fl on 9/2/10 9:35pm
Msg #351390

Who took title as n/m

Reply by Julie/MI on 9/2/10 5:31am
Msg #351277

If I get to vote, borrower should have done a qcd, just like when a woman gets married and changes her name.

Seems like the lender didn't convey name change to title.

Reply by ReneeK_MI on 9/2/10 5:34am
Msg #351279

Agree, Julie - but they didn't, and no reason to redraw n/m

Reply by Grammyzoom on 9/2/10 8:32am
Msg #351287

I am pretty sure we will need to have a redraw, n/m

Reply by A S Johnson on 9/2/10 9:09am
Msg #351288

Re: I am pretty sure we will need to have a redraw,

What is happining in this ??? LOL!!
I had basicly the same several weeks ago. Only Mr (older male) had changed his name. Mrs retained her married, same last name as before his name changed.
In Texas, the orginal DL must be distroyed when the now/new current was was recieved. It is not legal to have more than on DL.
Those docs had to be redrawn with a Warranty Deed to reflect the name change for vesting.

Reply by Prosperity on 9/2/10 9:24am
Msg #351289

Please let us know what the outcome is

This is truly a teachable moment.

Reply by ReneeK_MI on 9/2/10 11:21am
Msg #351310

To clarify - yes, as it was done it will be a redraw but ...

what I'm trying to say is that if you'd had it executed differently, then it wouldn't necessarily have needed to be redrawn. Definitely the last word is the lender's, but there were ways it could've been done that would've recorded, and quite possibly may have flown for the lender.

But, simply lining through the former name and inserting the current name - no, that won't work at all. Hoping what I mean is clear?

Reply by MichiganAl on 9/2/10 1:25pm
Msg #351322

I agree Renee, WTTA may have saved a redraw n/m

Reply by James Dawson on 9/2/10 9:41am
Msg #351293

Not gonna fly..redraw would be my vote

Title, County clerk all have procedures to follow and something was omitted. QCD would have helped and the preliminary change in ownership Doc has a box to select denoting the reason ;Part I item B states "Is this transaction only a correction of the name(s) of the person(s) holding title to the property (for example, a name change upon marriage)? Please explain". That's it.

Reply by Linda_H/FL on 9/2/10 10:08am
Msg #351294

I'm voting for redraw too...

What an awkward situation to be in!! I've never had this happen but I'm sure you handled it with customary grace..but jeez!!!

Lately I'm seeing more and more boldfaced instructions stating "DO NOT MAKE ANY CORRECTIONS TO ANY DOCUMENTS, INCLUDING HOW NAMES APPEAR UNDER SIGNATURE LINES" (caps not yelling - it's how the instructions are coming in) - guess companies are having issues with notaries correcting documents in the field without prior consent or without contacting anyone at title first...but I am seeing it more and more

Anyway, I vote on redraw ..with may QCD? Don't think they need Quiet Title (QT)...

Reply by JanetK_CA on 9/2/10 3:21pm
Msg #351334

Changing names

Sometimes you have no choice. Reminds me of one I had last week. It was a late evening (Pacific time) cash purchase package for a gentleman with an hispanic name. They transposed his first and last names and had one of those names down twice and, of course, everyone was long gone at title. For example: Alexander Douglas Douglas, where the actual name on his ID was Douglas Alexander. (I don't know how people come up with this stuff. If it's an unfamiliar name, you'd think they would check carefully.)

Fortunately, as a cash buyer, he wasn't the one signing any recordable documents (and it was a very small package), so we took a risk and changed it to his correct name and sent a note stating that he wanted the vesting on title to be in the name XXXXX XXXXXX, as on his ID. Who knows if that would do any good. I haven't heard anything back on that one, but I'd sure like to know what the resolution was! (And to complicate things, he doesn't speak English.)

Reply by James Dawson on 9/2/10 10:15am
Msg #351298

...GrammyZoom, consider yourself lucky, at least you didn't have to sign on a pink bed in the center of a pink living room!

Reply by Grammyzoom on 9/2/10 12:58pm
Msg #351319

Oh, I didn't mention the signing space?

All kidding aside I am pretty sure at the very least we will need a QTD to correct the way they hold title and a new page 1 of the TD. I am thinking that this whole thing should be a redraw so we will see???