Posted by Brenda Frank on 4/10/13 10:32am
Msg #465167

wrong AKA

I did a closing the other day where they wanted the wife to sign with an AKA that she has never been known as. Apparently when the borrowers last refinanced they entered the wifes name wrong and the Deed was recorded wrong. I have told them I can not legally notarize a name that this borrower has never been known as. SERIOUSLY! Do they not understand the rules of notarizing a signature.

Reply by Notarysigner on 4/10/13 10:44am
Msg #465172

What did the hiring party say? Did you complete the closing? Just curious.

Reply by Brenda Frank on 4/10/13 10:49am
Msg #465175

Go figure I was unable to reach anyone while at the closing. The borrowers husband said absolutley not! The hiring company contacted the LO and we have yet to hear back from anyone. The husband was already about to walk out and not sign documents. How does a recording get so messed up that they put the wrong name and then want the borrower to sign that way. There should be a way to have this corrected without her having to sign a name that is not hers.

Reply by Linda_H/FL on 4/10/13 10:45am
Msg #465173

Can't you just notarize the name on her ID?

She can sign any way they want but your certs read that the person in front of you is the person on the ID.

Can you do that there?

Reply by Brenda Frank on 4/10/13 10:50am
Msg #465176

Re: Can't you just notarize the name on her ID?

My issue is the Deed of Trust says that she is also known as someone she is not. They are planning on recording the new Deed this way. I understand what you are saying though but am not comfortable notarizing it the way they are wanting.

Reply by MW/VA on 4/10/13 10:53am
Msg #465178

IMO they should have corrected it with a new Grant Deed

or Gift Deed, instead of letting the mistake carry forward like that.

Reply by Brenda Frank on 4/10/13 10:55am
Msg #465179

Re: IMO they should have corrected it with a new Grant Deed

I totally agree. To many new people in the industry still learning how to deal with these things

Reply by Linda_H/FL on 4/10/13 11:01am
Msg #465185

Yeah..I would have thought a corrective deed would

take care of it - it's probably just a scrivener's error, which happens all the time.

Reply by HisHughness on 4/10/13 10:56am
Msg #465182

Why could you not notarize her actual name with a/k/a appended as in the deed name? That is what is happening: The deed name is an a/k/a.

Reply by Linda_H/FL on 4/10/13 11:03am
Msg #465186

Some states don't allow that - we could do it in

FL but not all states allow it. Also, as someone else pointed out, all this does is continue the error that was made instead of putting a stop to it and correcting it once and for all. As I posted, I would think a corrective deed would be the more prudent thing to do.

JMO

Reply by TamaraCA on 4/10/13 11:36am
Msg #465194

Re: AKA Correction

I am remembering a scenario back in my banking days of there being some sort of form to correct title issues. We had that form pop up occasionally in loan packages that needed to be notarized and I believe it was supplied by the title company. It was a 4-5 page form that was designed to correct things like changing the titling to remove a deceased spouse, name changes or corrections, etc... I think you and the customer did the right thing. It sounds like the title company didn't do thier homework and left it at the foot of you the signing agent to fix it.

Reply by HisHughness on 4/10/13 2:15pm
Msg #465223

Re: Some states don't allow that - we could do it in

***As I posted, I would think a corrective deed would be the more prudent thing to do.***

I recognize a corrected deed would be the more prudent thing to do. Now all that's required is for you to recognize that she can't write the deed at the table, but she CAN do an a/k/a signature.

Reply by Linda_H/FL on 4/10/13 3:07pm
Msg #465233

Wow...snarky today Hugh?

I recognize she can't write a deed at the table...now YOU recognize that maybe in her state she can't do an a/k/a at the table!!!

Reply by Yoli/CA on 4/10/13 11:31am
Msg #465191

If you're talking about a wrong AKA being listed on the Signature/AKA Affidavit, what I do is have borrower write on the signature line next to that incorrect name "not known as." Been doing this for 7 years and never had a problem with it.

Reply by Yoli/CA on 4/10/13 11:44am
Msg #465196

Never mind. Should've read the entire thread first.

Seems the incorrect name is throughout loan package.

And, given that, as others have posted, corrective measure should've been taken prior to getting to this point.

JMO

Reply by VT_Syrup on 4/10/13 11:35am
Msg #465193

I'd say the wife WAS known by the AKA. The previous mortgage or DOT was put in the public land records of Arizona for the whole world to view, saying that the person who owned a certain property and owed a certain debt was named Mrs. AKA. What a person is known as is not necessarily the same as what the person wants to be known as. Richard Nixon will be forever known as Tricky Dick, whether he liked it or not.

Reply by Matt_VA on 4/10/13 12:47pm
Msg #465212

If the name is different then the ID, you refuse. If an AKA in addition to the name is unacceptable to the borrower, not your fault. That is where you find out the nature of title. If they won't let you strike it, but somehow hold you responsible? Guess it's time to consider not working for them. I wouldn't sign with a wrong AKA on Deed either if I was the borrower. TCs just seem to get sloppier and sloppier.

Reply by Brenda Frank on 4/10/13 1:05pm
Msg #465214

She had never been known by this name that is on the Deed of Trust. The funny thing is I checked with the county recorders office and they have told me they have no record of the Deed being recorded they way the TC is telling me. I would never sign a documents (especially a Deed) saying I was aslo known by a name that I have never been known as.

Reply by Jessica/FL on 4/10/13 1:35pm
Msg #465217

The problem is that she technically WAS know as that name since that is how title recorded the DOT. They would have to do a corrective Deed _______ who aquired title as________ and fix it. I wouldn't sign the documents either. It looks like they are just trying to continue the problem.

Reply by Sandra G Holland on 4/10/13 5:22pm
Msg #465256

Yes, no kidding, Brenda. If I were the borrower, I would want the information taken care of right now with no if's, and's or but's. I wouldn't want a different version of me that isn't me floating around! No one would.

Reply by jba/fl on 4/10/13 3:38pm
Msg #465242

Did you actually do this and waiting to hear back? n/m

Reply by docs2go/ca on 4/10/13 5:32pm
Msg #465259

I recently had a Signing where the name on the Quit Claim Deed did not match the B/O ID. It was only a variance in the middle initial, but it did not match her ID. Initially, I was told to notarize her name according to her ID. However, after too long at the table and late at night, it was determined that the Original Deed also had the B/O incorrect name. It was going to be up to the B/O to prove why her name had been changed and new Docs would need to be drawn. This was a case of "Shred Docs. No Sign".

Reply by Ronnie_WA on 4/10/13 8:21pm
Msg #465276

I would have done the same. n/m