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Dannotary

California
265 Posts
Posted - 12/24/2012 :  8:37:55 PM  Show Profile  Visit Dannotary's Homepage  Reply with Quote
I agree with Linda, just concern yourself with the one who is signing in your presence and his ID etc. Just use his name on the notary ack and cross out anyone elses and initial that if they are not there and signing with you. LEt the rest be between the lender , title co, and borrowers.
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LindaH

Florida
1754 Posts
Posted - 12/16/2012 :  06:02:13 AM  Show Profile  Reply with Quote
It's called a split signing, and they happen frequently. The only signature you can notarize is that of the husband.

As for the names, what you've known is they have different last names. Perhaps she assumed her husband's last name for the sake of title to the property? You don't know what transpired between wife and lender so there's no way to tell right or wrong. Only part that CAN be right is you witness and notarize the husband only as he's the one in front of you. Don't worry what happened outside what you're doing. Keep detailed notes of the events of the signing should it ever come up in the future.


Linda
http://www.columbiacountynotary.webs.com
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bobbiesuzanne

Missouri
7 Posts
Posted - 12/15/2012 :  9:37:15 PM  Show Profile  Reply with Quote
I completed a real estate purchase closing where the purchaser was there to sign but his wife was not. She had signed the day before. When I pulled out the Deed of Trust to sign, the Lender said he already had it signed by the wife and the husband should just sign it and I could notorize it. I refused to do this since I did not witness the wife signing. Plus...I knew the signers and knew the wife had a different last name than her husband but the name on the DOT was wrong. So the lender notorized his DOT and I included it with my DOT with only the husband's signature. What would be the proper procedure in this case? Wasn't the Lender wrong to notorize a DOT with an incorrect name?

Bobbie Suzanne Oakes
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