Posted by terrie/IN on 3/5/11 1:05pm
Msg #375235

misspelled name on documents

Hi has anyone ran into this I have a closing today and I noticed on the documents almost every document has her name misspelled. I can not get a hold of anyone to see what I need to do. Has anyone ran into this and what did you do. Her name is misspelled on the mortgage and note. The identification affidavit.

Reply by OR on 3/5/11 1:17pm
Msg #375237

I would do the signing. I would have the borrower correct the miss spelling. Then I would call the Title/SS on monday and let them know. I have had many Title/SS order that when the came the same way. If this Title company is not happy with the correction then they will have the docs re drawen and order another trip. You should get paid for both. If they are happy with your correction you have made everyone happy. Have a great day.

Reply by terrie/IN on 3/5/11 1:17pm
Msg #375238

mispelled oops lol

Reply by bob/IA on 3/5/11 1:18pm
Msg #375239

This has happened to me a couple of times. I have always been able to get a hold of someone luckily. What I was told to do in each instance was to strike out the misspelled name, write in the correct name and have the borrower initial. This is a decision for someone besides you to make, IMO.

Reply by CopperheadVA on 3/5/11 1:28pm
Msg #375240

<< This is a decision for someone besides you to make, IMO. >>

I agree. This happened to me once where the middle name was shown on docs as the first name, and the first name was shown as the middle name. Apparently (found out later), that was how the name was done when the property was deeded to borrower, and so it had been incorrect for years. I could not get a hold of anyone at the title company for direction (I think it was a Friday evening). We changed the name on the docs to the correct name and borrower initialed each change. On Monday when TC received docs, they were NOT happy with our corrections. Package had be be redrawn. I was called for the resign but I was not available.

In hindsight I think I should have aborted the closing because the name on the docs did not match the name on the ID, and I could not notarize the borrower's signature with docs drawn the way they were.

You just never know what solution will be acceptable to the TC/Lender.

Reply by CopperheadVA on 3/5/11 1:34pm
Msg #375241

I had another one recently where some of the docs had something like:

John Everett AKA John H. Everette

Found out at the table that the "Everette" name (extra "e" on the end) was incorrect and the borrower did not know where that had come from. Called TC and was told to have the borrower strike off the extra "e" and initial.

You just never know for sure what the acceptable solution will be, so it's best to get direction from the TC.

Reply by jba/fl on 3/5/11 1:37pm
Msg #375242

I started to reply, then was thinking as Copperhead was about the error being there for longer than anyone knows. The borrower will not know - it just isn't something they do know about.

Reading the closing instructions may give insight on what to do re: corrections. Some lenders like zero corrections; others will tell how to handle.

Reply by James Dawson on 3/5/11 1:56pm
Msg #375247

Yes....truedat, LOL anyway on the one I had (Germann) the borrower's original Deed and German, then an amendment was file to make the correction. So when the re-fi came along, someone didn't see/find the name change amendment..it was a simple mistake, but not for the borrower. I won't tell you what I did to find this out. LOL

Reply by Linda_H/FL on 3/5/11 1:40pm
Msg #375244

My thoughts...

Absent guidance from title/hiring party, and providing it's not prohibited in the closing instructions, rather than risk the possibility of loss of borrowers' rate lock - I'd have borrowers make corrections, initial and get the docs signed - especially when you're hung out to dry on a weekend like that. If the mortgage/security instrument doesn't require that each page be initialed, then they can always reprint a new first page before sending for recording (and although we agree they shouldn't, you KNOW that happens all then time when necessary)..

You have a better chance of saving a loan and a rate with a fully executed loan package than you do with an unsigned one...and at least you've taken your best shot.

Sorry to hear you got stranded on this - that's why I shudder at weekend signings.

Reply by Susan Fischer on 3/5/11 9:42pm
Msg #375264

Agree with Linda H. n/m

Reply by James Dawson on 3/5/11 1:51pm
Msg #375246

Misspelled names equal re-draw here in California,..no matter what TC or SS says....the County Recorder will kick it back...here.

I have had TC, LO and SS all tell me to have the borrower make correction initial and sign the Docs. They were wrong. The only time I completed an incorrect name signing was to have the borrower sign the AKA statement with the correct name (the ID they presented to me ) as instructed by the TC. That one I didn't have to go back out on.

I just had one where the last name had two N's as in Germann the Docs were German the ID was Germann. It was a re-draw.