Posted by jonnyscudera on 1/31/13 10:05pm
Msg #453379

OK... Signature clarification

I'm in california. The Escrow docs have middle initial and the loan docs including DOT and NOTE have full middle name.
So we started with escrow and signed with middle initial came to other docs and noticed the difference in the spelled out name.
I just said continue signing the way you have been with just the middle initial. I was sure this would be ok as long as the signature on the name/Signature Affadavit is the same.
Can anybody tell me whether i need to get these resigned as the name appears or if this is fine the way it is.
Thank You

Reply by PegiT_MN on 1/31/13 10:14pm
Msg #453380

I always have them sign exactly how their name appears on the documents. Call your hiring party to see how they want it.

Reply by HisHughness on 1/31/13 10:20pm
Msg #453382

The borrower has undersigned on the dox calling for a full middle name. The lender, after kicking the copy machine all the way across the office, is going to ask you to resign. The lender will wait till he gets the dox back before removing you from his database.

Reply by BrendaTx on 1/31/13 10:26pm
Msg #453383

Mark can be a jerk. n/m

Reply by JanetK_CA on 2/1/13 4:03am
Msg #453391

I agree with Hugh. Get them resigned if you can. I've found that title/escrow people can be pretty sloppy about how the names are on their docs and I can't count how many times I've seen title/escrow docs where the names didn't match the lender docs. The lender is another story all together, and they are the ones with the specific requirement to have BOs sign names exactly as typed.

When you check BO IDs and instruct them on how to sign, just be careful which document(s) you're looking at. I find it helpful to always check against the way the names are vested on page 1 of the DOT. That vesting has to match the way their names were last recorded with the county to the letter. I've discovered many an error by checking that info up front.

Reply by VT_Syrup on 2/1/13 8:54am
Msg #453404

JanetK CA wrote "That vesting has to match the way their names were last recorded with the county to the letter." If it doesn't, who will reject it? Title? The county recorder?

I tend to agree this is important; I've done some online research on names, and you can find lots of court cases where a bankruptcy trustee claims that the bank doesn't get to foreclose on the house; the trustee gets to sell the house and the bank has to get in line with all the other creditors, because the name on the mortgage doesn't match the name when the owner first acquired title. "Match" is state dependent; the rules in some states are looser than others, so for safety's sake, the bank will want it to match letter-for-letter.

That of course refers to how the name is printed in the mortgage. That doesn't mean the handwritten signature necessarily has to match. And we've heard notaries on this forum say they always put the name from the ID on the acknowledgement certificate, whether it matches the name printed in the doc or not. I haven't come across any cases where the issue was the name in the certificate not matching the name printed in the doc.

Reply by MW/VA on 2/1/13 6:15am
Msg #453392

IMO its Loan Signing 101 to get docs signed with names

EXACTLY as the name appears on the docs. It is a PIA when the names need to signed differently on title docs. It is our job to make sure they are signed correctly. It sounds like those docs will probably need to be resigned.

Reply by VT_Syrup on 2/1/13 8:35am
Msg #453403

Re: IMO its Loan Signing 101 to get docs signed with names

I strongly suspect any signature that's close to the way it is printed in the document, either in the body of the document or under the signature line, would be good enough to stand up in court, as long as the signer and/or notary doesn't dispute it. I also strongly suspect that some busybody will reject it before the loan funds because they don't actually know what is good enough and will err on the side of caution. As for how much variation you can get away with between how the name is printed in the doc and how it is printed on the notarial certificate, I don't know.

Reply by Barb25 on 2/1/13 5:33pm
Msg #453489

Re: IMO its Loan Signing 101 to get docs signed with names

I agree with you VT... I have had TCs/lenders say "the signature/name affidavit with "bring it all together" when I seen name discrepancies... I just shake my head and think I will see this again and do not. So it may never come back again if the lender/TC is not that "particular" (or what ever word you would use). Other lenders, are brutal. We shall see.

Having said that what is name printed wthin the document should match name under signature line. That would be a different issue..

Reply by JanetK_CA on 2/1/13 6:36pm
Msg #453497

Re: IMO its Loan Signing 101 to get docs signed with names

Good points, from both of you. However, I assumed from the OP that the omission of the middle initial was evident. Depending on what the person's signature looks like, this could be a gray area. BTW, I also should have clarified that I was referring to how things work in CA, although there could also be variations from county to county.

Reply by Barb25 on 2/2/13 11:52am
Msg #453628

Re: IMO its Loan Signing 101 to get docs signed with names

More good points,