If the signatures don't match the document exactly

So it’s supposed to be John Lee Smith

but they signed with JLS. They swear that is how they sign all the time.

What would you do?

Regardless of how thoroughly I explain to the signers the necessity of providing a clear, legible signature and ensuring that the printed name on the document precisely matches the signature they provide, individuals often make their own choices. While there’s little we can do to enforce this directly, I consistently take these actions: I always notify the hiring company about the discrepancy, and I also make sure to inform the signers about the potential consequences, specifically that the documents might be rejected due to the signature mismatch. Otherwise, I proceed to get the loan package completed and move on to the next assignment.

5 Likes

How did they sign on their ID?

I agree with Carl - explain to hiring party but I, too, also let signer know not following instructions may jeopardize their loan and funding….and initials in lieu of a signature (barring physical incapacity) is not following instructions.

1 Like

More and more companies say clear legible signature even if it’s not their regular signature which I do not like that instruction at all. Many simply cannot comply. A signature is such a habit for some folks.

If it’s on their ID as JLS and it matches when they sign I put a note that says signature is a true and accurate representation of the signer’s true and legal signature.

I don’t try and make anyone sign any particular way. I read the sentence that says clear and legible but if they sign in a way that’s consistent with their ID I put it in the order notes that it’s a verified accurate signature.

2 Likes

Problem with that is if they took title as John J Smith - well, that’s how they have to sign…not JJS - only John J Smith can encumber the property - JJS could be anything.

If a drivers license says John J Smith and the signature is JJS I call it the same.

I had a signer who used a symbol as his signature. like a cattle brand. It was very cool. It was on his driver license. He wrote it the same way every time. It was his true and accurate signature.

I’ve never had to do a re-sign after stating a signature is true and accurate and verified. If it’s ever been a critical failure - no one ever told me.

3 Likes

I don’t believe in the idea of a true and legal signature. If someone has owned real estate for a while, and now wants to do something else, like sell it or refinance, it’s easiest of they use the same name as on the deed where they acquired ownership. If their signature is clearly legible, it’s easiest if the signature reads the same as the name on the deed where they acquired ownership. But if it’s illegible, that’s usually OK.

A valid signature can take many forms. Earlier today I “signed” an insurance application on a recorded phone call by reciting my phone number and zip code.

THIS!!!

If they signed John L Smith I think that would be okay.

It’s how I was trained with regard to signatures you can’t read. If it was a problem I would surely have been told in six years.

@cfletcher :white_check_mark: Absolutely! :white_check_mark:


:swan:

1 Like

I just talked with someone who does a lot of notarizations.

She was okay with the JLS especially if they signed their ID with the initials and not the way it is spelled out on the ID document itself. If that makes sense.

Nothing TO do….if the signer says their signature is JLS, that’s their signature. My own signature is illegible. You might be able to decipher my first name but my middle initial and last name are intertwined with my first name. It matches my ID and how I’ve signed for 36 years. I refuse to change it and refuse any demand from title/escrow to sign first/middle initial/last name and believe me - I’ve been challenged in the past when re-financing. I refused to change my signature. Never had to do any re-signs.

2 Likes

Same here. If it matches the ID that is their signature and I will ask them if it says John J. Smith. Forcing people to sign to comply with a signature line doesn’t guarantee their true signature. You cannot however leave out trustee verbiage when it’s required. Some of my signers use “TTE” I am leery of that, but haven’t had one bounce back yet.

1 Like

I always ask about trustee verbiage because I’ve had some title companies say no just the signature and others want every word on the signature line. If a signer uses TTE - he’s been doing that for a while I bet. But not every title company will be okay with it.

Acceptable, next question.

Sometimes even though they want Trustee, they don’t want Settlor. Best to ask.

I get this argument from signers all the time. They struggle to sign any other way than they normally sign, even if it’s just a squiggle. Ultimately, I tell them that if they can’t or won’t sign as is on the signature line, just keep it consistent throughout the documents. I’ve never had a problem doing it that way. Never had one kicked back because of the signature.

Can anyone explain with authority why the printed word “Trustee” is requested after the signers’ handwritten name in some case and not in others.

It seems to depend on the lender’s policy. There is no consistency there. Lately, I’ve had more that want signature only than want trust verbiage. If there is nothing in the instructions regarding trust verbiage, I will contact the title company and ask. If I don’t get a response, I’ll just have them sign their name.

Lender choice; just like when an AIF signs for the principal, they should sign their name, then “AIF for so-and so” - it shows their authority to sign the document and encumber the property, with the trust being reviewed prior to closing by Lender.

In all honesty, I think it’s an inconsistent requirement because of the quality of workers now - there are standards but they not upheld consistently across the board.