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Signature Affidavit
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Signature Affidavit
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Posted by Patricia Roberts on 7/16/13 7:23pm
Msg #477030

Signature Affidavit

Hi everyone, I am a new notary signing agent and still have a lot to learn. Any advice you can give me will be greatly appreciated. But, I do have a question of an issue I ran into today. When there are 4 variations of the borrowers name on the signature affidavit and they only go by the first one do they have to sign all the variations as they are listed? I thought they only sign the variations that they go by but, I am getting a error message from the TC saying they did not sign the signature lines on the signature affidavit. Thanks for your input.

Reply by Linda_H/FL on 7/16/13 7:29pm
Msg #477032

They sign all variations. n/m

Reply by Yoli/CA on 7/16/13 7:30pm
Msg #477033

If a name appears that borrower does not accept as his, I have him write "not known as" in lieu of signature for that variation.

Reply by Linda_H/FL on 7/16/13 7:32pm
Msg #477036

I used to do the same Yoli - and had it rejected..

Somewhere those names popped up - so now I explain that to them and have them sign all names listed.

Reply by JanetK_CA on 7/16/13 10:50pm
Msg #477076

Re: I used to do the same Yoli - and had it rejected..

Twice in the past two months, with completely unrelated individuals, I've had borrowers say "That name is not me; it's my dad". So that's what they wrote on the signature line. (And one of them was a woman. Go figure.)

Reply by Notarysigner on 7/16/13 8:16pm
Msg #477046

Re: Signature Affidavit I do the same Yoli n/m

Reply by LKT/CA on 7/16/13 8:26pm
Msg #477053

I also do the same as Yoli

Only once in my loan signing career did a borrower say a name on the Signature Affidavit was not hers in any fashion. Many years ago, when I was going thru a background check to work for the police department, the investigator came to my home to interview me, with paperwork in tow. He said his investigation showed I was married 3 times. Uh, NO, I said. I've only been married once and I'm still married to him. Not sure how he got that info, but it wasn't meee.

Reply by Jack/AL on 7/16/13 8:27pm
Msg #477054

There is at least one variation of that form that shows the name variations, but does have a place or requirement for signatures to match the variations. It has just one signature line below all the variations, so the borrower is confirming that they are names for that one person. The form that does require a signature which matches each variation usually has clear instructions and a place for each matching signature, so it is obviious that the different signatures are required. There are often comments in the notary public's instructions that tell which words can be printed by the borrower, if they have never been known by the name(s). If uncertain, go by the instructions from the TC.

Reply by Exclusive Mobile Notary on 7/16/13 10:35pm
Msg #477072

If the customers name is "Bob Smith" and one of the subsequent lines has his name as "Bib Smith", you can't tell him to sign his name that way if he doesn't use the name "Bib"... Obviously that's not his name and it was a typo when someone was running his credit, hence where all these names come from. He would definitely write "Not me" on that signature line. Any title company that rejects the doc for him writing "Not me" doesn't understand the meaning behind this doc.





Reply by Clem/CA on 7/16/13 8:31pm
Msg #477055

There are a couple of variations to the form. Some have you sign every line as the DOT is signed, some have you sign the Variation Signature, and some just list the variations and have you sign once.

Reply by JanelWI on 7/16/13 9:47pm
Msg #477065

Patricia:

Why the heck are you not reviewing these docs before you go to the closing? Many of these aka's can appear on a borrower's credit report and there are some that the borrower's do not go by that end up on the signature name affidavit. This is a PITA form without a doubt and it is in most cases one you notarize. When you seen variations you suspect a borrower may have a problem with, call the title company before you go to the closing if instructions for that form are not already present in the package and get the proper feedback on how to correct a variation of the borrower's name they may not want to sign.

Get intimate with these docs, you need to know them. This is not point and sign. Notaries do not close loans, professional document signing agents do.....the notary commission is but a tool we use when we are at the signing. It does not define the entire scope of what it is we are expected to do, and the expectations of what we do seems to be increasing yearly, especially in light of information security and protection.

Jane B. Doe, Jane Beverly Doe and Jane Doe are all one in the same person and a standard variation of one's name. however if it is Jane B. Deo....that borrower will obviously say that is incorrect. Every lender has their rules on what is done with these forms, you need to find out from the title company or signing service if you are dealing with a SS.

Come on sweetie, you need to ask more questions of the company you are doing the job for. While this forum is a wealth of knowledge and learning, and is in my opinion, simply AWESOME....you are not doing the job for Harry or anyone else here. You NEED to ask these question before you go to the signing. You have no right to "wing it" when you are unsure. You set yourself up for failure every time you do that.

When you get the loan package, you must become intimate with the basics. Is this an application for joint credit? Is the address correct and consistent, check the date of the documents, check the spelling of the names on the documents, check to make sure all docs are printed clearly and correctly, read any title or signing service special instructions and more and not necessarily in that order...., ask any questions you may have prior or on the road to the signing. I don't care if you have to go to hell and back, get the answers you need, document via email or on paper who you spoke with and the culpability is not on you.


You get one shot to get your job done right the first time, every time. You seem to want to apply blanket instructions to every closing package you receive. Get used to the fact that you will have to think on your feet. Not every closing is the same and they never will be. Stay alert and treat each situation individually.

Reply by JeffC/CA on 7/16/13 11:48pm
Msg #477079

I had one the other day that had the most ridiculous entries.
Name: Jane Mary Doe
There were 3 whole pages of variations, including all the "normal" ones, i.e. Jane Doe, J M Doe, J Mary Doe, etc. But then there were wacky ones:

JMDO
JD
J
D
JM
MD
Mary Doe
Doe Mary
Doe JM
M
Bob Jane Doe
Jane M Doe Sr.
Marydoe
Mary Doe Buck
B

There were more. Some included her ex-husbands name that she never used. Some were just names she never heard of. Some were just single letters. I just told her to sign how she would if she saw that name printed below a signature line, and if she didn't recognize it to write "never used". She signed all of them the same--just the way she always signs everything. That one closed, fine. I would never have someone sign just a single letter that wasn't even the first letter of one of her names!

Reply by JeffC/CA on 7/16/13 11:54pm
Msg #477080

Oh! Forgot to mention, they told me I was notary #4 to come to their house for this loan. They were so frustrated. Reverse mortgage redraw. They couldn't tell me what was wrong the first 3 times. I went over everything with a fine-toothed comb. They were surprised I gave them oaths. Also said other notary just pointed and said sign here. Sad.

Reply by ReneeK_MI on 7/17/13 5:20am
Msg #477084

Some lenders input the needed name variants manually and other lenders use software that globally populates the variants directly from the credit report. It's the latter ones that usually present all the ridiculous 'variants', which only serve to illustrate how inept data-entry workers can be - it's not hard to figure out which system was used just by looking at the variants.

Still, because data-entry workers sometimes also input paycheck info, you have to be careful when instructing borrowers. It's surprising (maybe shouldn't be) how many incorrect/stupid variants end up on legitimate, legal & important documents - like paychecks or W2's, prior mortgages, insurance policies, etc. The lender uses the A/K/A-Signature Aff to tie the documents in the file to the borrower. For example, they might have his Homeowner's Ins Dec Page, but it shows a misspelling of his name - the Affidavit ties it to him regardless, with his statement of "yes, this is me".

If it's not presented with this in mind, the borrower might be well aware of this misspelling from his Ins - and might be frustrated with having tried many times to get the Ins Co to correct it. He sees it on the Aff, and wants to 'make his point' by saying "NO, this is NOT my name!" and doesn't even mention the Ins. In this manner, he is disabling the lender from tying the document to him, and it will need to be re-done.

When I present the Aff, if I see variants beyond the obvious, I ask them to be certain that none of the variants are connected to ANY legitimate documents or accounts, such as paystubs or insurance, etc.

You can sometimes get a clue from the Closing Instructions - often they'll include a condition for a wayward variant to be signed on the Aff, but unfortunately it's not a given that they'll do that.

Reply by Roger_OH on 7/17/13 9:13am
Msg #477100

It's a SWORN statement...

they can't attest that a name is theirs if it's not.

So if it's not a name of theirs, I have them line thru it with "Not Known As", and initialed. That's something they can attest to.

Reply by ReneeK_MI on 7/17/13 10:18am
Msg #477118

Re: It's a SWORN statement...

Yes, it's a sworn statement - and if they have an insurance policy that uses a misspelling of their name, they are then also known as that misspelling. If they have a strange variant of their name on their paystub (and I've seen that happen as well), then they are effectively also known as that variant. If they received one of those pre-approved credit cards with a stupid variant, and they use that credit card - they now have credit under that variant, and again - are also known as that variant.

None of that is untrue.

Reply by BobtheElder on 7/17/13 2:33pm
Msg #477175

Re: It's a SWORN statement...

As Roger pointed out, it's a sworn document, so regardless of what may appear elsewhere the borrower cannot be forced to attest to a name they do not accept. It may pose a problem for an insurance company or a lender, but they are under no obligation to attest to someone elses ineptitude or misspelling... and in fact would be making a false statement if they did...

Reply by JanetK_CA on 7/17/13 2:54pm
Msg #477179

Re: It's a SWORN statement...

I think Renee makes an excellent point (as usual Smile). If they have not taken the necessary action to have their names corrected in other places where it's shown up (like the homeowner's assoc., utility bill, credit card, etc.), then technically, it can be argued that they ARE also known by that name, if that bill is their obligation, it refers to them, and they use that service.

Thanks for the great explanation, Renee!

Reply by LKT/CA on 7/17/13 4:39pm
Msg #477196

I agree with Bob and Roger

Names one is "known as" are names the person actually used. Someone spells my name L I Z A and now I'm "technically" known is Liza? I disagree....and would not be signing that variation on a Signature/Name Affidavit.


 
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