I am posed with questions concerning this document quite often. So let me tell what it is and what it isn’t. For those of you that are unfamiliar; this document is one of the documents found in 95% of all of loan packages.
The signature name affidavit represent names that have appeared on an individuals credit report(s). When a person applies for a loan, the lender runs a persons credit using all 3 of the credit bureaus (Experian, TransUnion and Equifax). These reports will usually include all of the names an individual has used in their lifetime; examples would be; marriages, maiden and name given at birth. The signers are required by the lender to sign the form and the form typically needs to be notarized.
At other times there will be clerical errors consisting of misspelled names and occasionally where the names are quite different. Sometimes in the case of the latter the signers will have an objection to signing the form and one can hardly blame them. So, if the signers have an objection to signing a name that is not their own, I have them strike it and initial. To date that has been acceptable and I haven’t had a document returned because of this action. (I suggest however, that you always bring this to the attention the company (or person) that hired you while-at the signing table if it is an issue. Never take matters into your own hands. ALWAYS ask).
There will be other times when the ID doesn’t match the documents exactly; say for example, a middle name is missing or the maiden was used previously and now they are married but they have no ID with these variations, you may be asked to add this name variation to the signature name affidavit in lieu of having ID. This is a big NO.NO. We must have current government issued picture ID. (or credible witnesses if they are allowed in your state). You CANNOT add names to the signature name affidavit that you DON’T have ID for. This is fraud and you will be on BIG trouble, if it ever comes up in an investigation or court case. I hear notary excuses; “But Carmen, they swore to me that that was their name.” Not good enough. Just imagine how this would appear to law enforcement or a judge. You must protect yourself and the signer. If you unfortunately find yourself in this situation always ask the signers if they have other acceptable ID that has all their names on it or use credible witness if allowed.
Now, I have actually added names to the signature name affidavit that I had ID for, but that is another blog story. 🙂
Until next time, be safe!
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The Signature Name Affidavit
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Two-Faced… Duplexed
I get a call from a notary public that it is clear that she is rather upset. She is a new notary public / notary signing agent and she is trying to put forth her best effort. And, it is a challenge to say the least.
She gets her first call and she is so excited. I can remember how that feels. I am sure most of you old timers can as well. 🙂 She takes the assignment and all goes well from start to finish. She returns the documents and a few days later she gets the most dreaded phone call that we all have received at one time or another. The folks that hired her had called to say that she would have to go back to the borrowers house at her expense because she had printed the documents front and back (printer duplexes) and the lender had refused them. It seems that they wanted them printed on single sheets. I’m thinking someone dropped the ball on this one and I suspect I know who. But I need more information.
It was clear she was very upset because she had felt that she hadn’t don’t anything really wrong but was not sure. ONLY one thought came to mind and I asked only one question. Did they give you specific questions to NOT print front and back? Her answer was no. I asked was she positive, she was. So, I told her that although she would inevitably have to go back that this was not her fault and it should NOT be at her expense. I told her that if they hadn’t given her specific instructions NOT to print the documents front and back that that was on them not her. Some of our printers depending on the model (and once set up properly and if they have the duplex function as in this case) are going to print they way they were SENT. I told her to call them back and let them know that she had carefully checked her records and found no evidence that she was not to print this way (single sheets) and if thye had wanted them printed on single sheets they should have sent the PDF in single sheets. And last but not least, if they wanted her to reprint and go back then she would need to be compensated for both trips. (Keep in mind people that were are not mind readers. We are not here to play guessing games. We should be given specific instructions and then we need to follow them to letter.
What I believe happened is that the lender probably sent the documents with instructions how to print and then the information was sent to title and then to a signing service. Somewhere in there somebody dropped the ball. Which is why things get messed up so often. There are way to many people involved in these transactions.
But, in the end it is the notary public that gets blamed. It is unfortunate but true. So so often when they screw up they want the notary public to go back or fix something with no compensation…This is totally unacceptable. They do this because it eats into their profits. But if they got it right in the first place then things would go a whole lot smoother for them and for us.
Now I told our notary public what I felt she should do and so far I haven’t heard back…so I will assume no news is good news. If I hear anything new regarding this incident I will write another blog…. in the mean time please get and READ those instructions and ask questions if not sure. And get EVERYTHING in writing. It will save your you know what! 🙂
Until next time be safe!
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Why are the fees offered to us so low you ask?
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Show me the money
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