Posted by Lorraine Payne on 12/7/11 8:22am
Msg #405938

Identification Affidavit

Hi, I need clarification on the Identification Affidavit via a closing. My understanding is the borrower only signs those that apply, places were they use or sign their name in that manner.

Client - wants the borrwer to sign all lines.

Please advise.

Reply by Roger_OH on 12/7/11 8:32am
Msg #405939

If the BO sees a version of his/her name that is not, or never has been, them, I have them line thru the incorrect name, write "not known as", and initial it.

That affidavit is a sworn statement, and you don't want the signer to swear under oath to something he/she isn't.

Reply by JulieD/KS on 12/7/11 9:06am
Msg #405942

I do the same thing as Roger. If there is a name on the ID Aff that is not the borrowers name, I tell them to put N/K/A. No way would I tell someone to sign a name that is not theirs. Some of the names that pop up on these ID Affs come as a complete suprise to borrowers.

Reply by Lorraine Payne on 12/7/11 2:53pm
Msg #405986

That makes a lot of sense. You guys are great....

Reply by Notarysigner on 12/7/11 9:14am
Msg #405944

Agree with Roger, I do the same ! Exception...Provident

insist the BWR Not make any changes even if the bwr has NEVER used that name.

Reply by CopperheadVA on 12/7/11 9:22am
Msg #405945

Provident allows the borrower to make a notation on the

Name Aff if name is incorrect, and initial. But incorrect name is not to me crossed out - Provident addresses this in their closing instructions included in the package.

Reply by VT_Syrup on 12/7/11 9:55am
Msg #405950

Re: Provident allows the borrower to make a notation on the

I would point out that it isn't just a question of what names the borrower used, it's also about what name others have used to refer to the borrower. If I were filling out an identification affidavit for myself, there are some common misspellings of my name, and I would have to say I am known by those names, even though I don't use them. They are my name in the sense that someone used the name while referring to me. If there were a signature blank next to the name I suppose I'd have to add a statement such as "mistakenly referred to by this name but I never sign this name".

Names that have never been used to refer to the borrower (to the best of the borrower's knowledge) are a different matter.

Reply by Linda_H/FL on 12/7/11 10:06am
Msg #405952

I disagree with this philosophy 100%

"it isn't just a question of what names the borrower used, it's also about what name others have used to refer to the borrower. If I were filling out an identification affidavit for myself, there are some common misspellings of my name, and I would have to say I am known by those names, even though I don't use them"


My name is constantly misspelled (think the telescope) - or Linda vs. Lynda - but I am NOT known by those names...however it should be noted that others are... I don't care how other people refer to me - I refuse to sign off, under oath, that I'm known by a name simply because someone can't spell or is too lazy to get it right. Just because someone misspells my name does not make me known by that name.

Not my opinion...my seriously emphatic statement of fact...

Reply by HisHughness on 12/7/11 10:29am
Msg #405953

Re: I disagree with this philosophy 100%

Precisely because of the point you raise, Linda, I don't use the "never known as" phrasing. I have the borrowers write above the incorrect name, "I have never USED the name Jane Doe." They do NOT cross out the incorrect name, and they DO sign by the incorrect name.

Reply by Linda_H/FL on 12/7/11 10:48am
Msg #405958

That's my point Hugh..

If I have to sign something as Lynda J. Hubble (or Huble) - that's not me, so I'm not signing it...my name is Linda J. Hubbell and I will only sign Linda J. Hubbell or Linda Hubbell - any other name variations are not me.

Reply by Linda_H/FL on 12/7/11 10:50am
Msg #405959

Should add...and IMO if the lender's reasoning is

"well, the name came up on the credit report (or whatever)"..my response is well you better do it again because that's not me.

And I have my credit reports...there's no name variations on it.

Hmpphh..

Reply by ikando on 12/7/11 5:05pm
Msg #406000

Re: That's my point Hugh..

As someone who has dealt with many databases, I know that wrong input will cause ripples for years. I agree with Linda that just because some document/database somewhere has a name misspelled is no reason to require that the misspelling be continued forever by signing as...

Reply by Les_CO on 12/7/11 10:54am
Msg #405960

Re: I disagree with this philosophy 100% /Hugh

Do you have them sign their signature name or the name they have never used beside the ‘incorrect’ name?

Reply by HisHughness on 12/7/11 12:55pm
Msg #405974

Re: I disagree with this philosophy 100% /Hugh

Once a borrower has indicated he/she has never used a listed name, I believe they are covered. I have them sign as they are configured solely because I do not want some $10 an hour document processor giving me grief about it not having been signed. Absolutely the best thing to do would be to have the borrower indicate he/she does not use a particular name configuration, write "N/A" beside it and initial. But again, I don't want to have to revisit the closing with a neophyte document processor, and I don't think that would be any more legally binding.

Reply by Patricia/VT on 12/7/11 11:43am
Msg #405964

Re: I disagree with this philosophy 100%

I once had a borrower with a completely illegible signature. He cheerfully signed all the variations with exactly the same signature. No repercussions.

Reply by JanetK_CA on 12/7/11 1:03pm
Msg #405975

Re: I disagree with this philosophy 100%

I have them write their statement about not having been known as on the line where their signature goes, if there is one, instead of having them sign by the misspelled or erroneous name. But I like your idea about wording and I think I'll switch to that as a suggestion. If there's just a list of names, I usually just have them cross out and initial, but again, I your method sounds more precise.

BTW, I've had several occasions where the person has said "that's not me, that's my son" [or daughter or father, etc].

Reply by JanetK_CA on 12/7/11 1:10pm
Msg #405976

Re: Provident allows the borrower to make a notation on the

I think this skates a bit into UPL because it involves interpreting, especially on a document that we are about to notarize. And I've had people interpret this in vastly different ways. Some will be adamant about not signing by any name with the slightest variation - even a hyphen. Other times, I've had one partner say to another (usually husband to wife) "Just sign it; it was probably an error from some credit card you applied for".

I don't feel it's up to me to tell them how they should decide if a name is appropriate for them or not, as I just met them and don't know anything about them. If it's a Provident loan, I'll pull out the instructions and show them how to address the issue, if they feel there's an error.

Reply by Notarysigner on 12/7/11 9:57am
Msg #405951

Well, I kept the email with the L.O. telling me to do

just THAT and also telling me to use original date. And if he's reading this forum, I have his name on it!

Reply by Les_CO on 12/7/11 10:57am
Msg #405961

Re: Well, I kept the email with the L.O. telling me to do

If LO’s are licensed in CA, and if he’s in CA? I think I would file a complaint with the appropriate regulatory agency. JMO

Reply by Lorraine Payne on 12/7/11 2:51pm
Msg #405985

Cool Beans!!!