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 Misspelled names on documents?

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T O P I C    R E V I E W
jbelmont Posted - 03/07/2011 : 4:42:43 PM
If names are spelled wrong on documents, what do you do?
If you sign the docs and have the borrower initial under the misspelled names, more times than not the documents need to be redrawn. But, if you don't go, then maybe you get in trouble. What would you do?

Then, if the name on the documents don't match the names on the ID, its time to go home for sure! It wouldn't be legal to notarize them if the names subscribed within the "instruments" are different.
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LindaH Posted - 03/08/2011 : 06:28:03 AM
"Then, if the name on the documents don't match the names on the ID, its time to go home for sure! It wouldn't be legal to notarize them if the names subscribed within the "instruments" are different."

Not necessarily - at least not in FL - our laws allow for "formerly known as", "also known as", "now known as" and "who took title as" - so providing we're confident the person in the docs is one and the same as the person in front of us, we can continue on and notarize.

Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
PWinFL Posted - 03/08/2011 : 05:06:04 AM
Almost every package contains a Compliance Agreement. It may come in varied forms and styles, but the bottom line is that the borrower/homeowner allows the title company and/or lender to correct for typographical errors, among other things. If a name is misspelled on the document, correcting the spelling should fall under the Agreement.

If the situation arose during my closing, my closing report to the hiring entity would indicate the discrepancy. I also would add a memo cover page alerting the folks that would be receiving the returned documents. I would only have the signer change the name as it appears under their signature and on affidavits where the signer swears or affirms the name is correct. I would not add the 'variation' to the Name/Signature or Same Name Affidavits as the misspelling is not a variation of the name.

Of course, all the above would be with the hiring entity's, title's or lender's permission. If permission or other instructions could not be obtain, I would do as stated above. Never have had an issue. (Thankfully, it doesn't happen too often.)

Never drive any faster than your guardian angel can fly.

I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.

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