I had a borrower refuse to sign the AKA portion of a signature Affidavit because it included a middle initial (ex. Karen S Smith - not her name when her name is only Karen Smith). She explained that she does NOT have a middle name. On the signature line of the AKA statement, she wrote “I have never been known by this name.” As she did not sign this line, I did not notarized it. Now the title company is rejecting the Affidavit saying she MUST sign this portion of the Signature Affidavit. I believe this would constitute fraud as this is not her name. Am I wrong?
You probably didn’t explain it correctly. Remember you are the boss. The credit bureaus came up with that list of names and if the borrower wants it removed they can contact the bureau.
1 Like
In my experience there are a couple of different AKA statements depending on lender. The Signature/Name Affidavit and the Signature AKA Statement. One has the borrowers name with a section listing every name from a credit report, they sign this one stating they are one and the same. The other lists each name on a separate line and requires a reference signature. Depends on the lender. The signature/name affidavit I have had borrowers cross out names and state never known as but it’s still notarized. I usually check with a title person.; The other they sign every line as it is printed. Any blank line they insert N/A because that lender doesn’t accept the form with blank lines. I’ve never not notarized a form because they wanted to write never known as. But when all else fails I call title. As for fraud no it’s not fraud. It’s; providing a reference for a name on the credit report. You don’t notarize as to the truth or accuracy only the act of signing. When in doubt at the table call Title. They know before we do. As for being the boss maybe we’re in charge of a signing but we’re not the deciders call title. I don’t demand anyone do what they don’t want to do. I might suggest they call their LO. Because some forms are a condition of their transaction. Any notarized statement that you question you should contact the title company before submitting it not complete.
3 Likes
@jessiea43 Sorry to read about your difficulty with the signing.
.
This is what is meant when we reference that “it’s a very small world” in this business sector.
Someone can make an inadvertent (or simple) error on their signings and VOILA! their name is “out for publication” between & among lenders, title/escrow companies [T/ECs], etc. and those individuals are avoided for possible Signing Orders.
Another reason we advocate for ensuring you receive some professional, reliable, & trustworthy training (not YouTube ).
I’ve professionally compared the training/certification programs available at Notary2Pro with the others I’ve successfully completed. The ONLY training/certification program I recommend is Notary2Pro.
Within the professional training & certification programs at Notary2Pro these types of scenarios are presented in detail to prepare you for the time that it might arise. The information you’re subsequently armed with after undergoing their training will preclude you from undergoing this type of duress.
FYI: There are industry standards regarding how to instruct the Borrowers [BOs]/Signers to complete that specific form.
.
As I often strongly recommend across many threads & posts on the Notary Cafe forum reach out to your hiring entity; i.e., Title/Escrow Company [T/EC], Signing Service [SS], attorney, etc. for posing this type of query at the time of the signing appointment to request clarification and guidance.
This should be your FIRST step in that scenario.
.
P.S. I receive no compensation or remuneration of any type or kind as a result of my reference noted above. For more information about my first-hand experiential review, see this Notary Cafe post.
.
1 Like
Those lines cannot be left blank. The signer can opt to place the statement “never/not known as” on the signature line rather than sign a name that is not theirs. Sometimes there is not a signature line. There is a list of names supposedly recognized as the signer. I ask them to review the names and, if there are any not legally or otherwise acknowledged as their identity, to place an asterisk next to the name, then in the white space next to the list of names place another asterisk then the statement “not known as”. They only need one statement no matter how many names they asterisk. I have never had Title reject this amendment, and the signer is usually satisfied. Those list of names also show up on the 1003 as well. I assuage the signer’s hesitancy by reminding them they have already corrected the list on the Signature Affidavit, the form designed to do so.
1 Like
You didn’t notarize the form? They are to sign at the top, next to the same name that is used throughout the signature lines in the documents. When they don’t want to sign one of the aliases, I tell them to write “Never known as” instead of signing the name shown. I have never had a problem with the form getting accepted that way. You are notarizing the name at the top, not the aliases.
5 Likes
There are several different forms and expectation on how it is executed.
Some title companies state in instructions to not strike anything or the form will be rejected. There’s a lender that uses MC that wants it filled out and the full name from a DL added.
So like with many things that come up here not every form is the same not every process is exactly right.
If you’re not sure talk to title. No one here is going to tell you exactly how YOUR job should go.
@jessiea43 As I often strongly recommend across many threads & posts on the Notary Cafe forum reach out to your hiring entity; i.e., Title/Escrow Company [T/EC], Signing Service [SS], attorney, etc. for posing this type of query at the time of the signing appointment to request clarification and guidance.
This should be your FIRST step in that scenario. 
.
This has been my experience as well.
My comment references only the Signature Affidavit and/or AKA forms. My procedure has never failed me. And title companies have never advised me otherwise. However, it is always advisable to check with the contracting party.
1 Like
Contracting companies might be notaries that know as much as anyone else or not. I simply advocate for speaking to the Title company who can reject or accept. A rejected document indicates a faulty process doesn’t it?
It’s not personal it’s just an observation. Sorry if it landed wrong.
We are having a professional conversation here. No offense taken. However, I agree that a rejected document means something has gone wrong in the process. In the example given, the signer did not provide a signature nor her statement in the designated area. And I assume the document was also left unnotarized. In my experience, a couple of tweaks to the procedure could have made the difference. Something to consider.
Been a notary since 2007. When I did loan signings, clients only signed next to the names & variations they actually used - at some point in time - that are listed on the AKA:
Examples:
Karen Jones (maiden)
Karen Thomas (from 1st marriage)
Karen Smith (current marriage)
They’d write “Unknown Person” on any line where the name was not theirs. Examples:
Karen S. Smith
Karen Thomas-Henderson
Karen Smith-Davis
Karen Leeanne Jones
I would notarize… & the signature matching their current ID would go on the notarial cert. Never had the AKA rejected.
1 Like
The signer only need to write next the printed name “NOT KNOWN AS” and initial next to it. I do this all the time, never an issue.
Anytime they refuse to sign title agent or loan officer should be contacted at the table for clarification. Sounds like the signer should have initialed next to “not known as” your notarization is needed if they signed on any other line.
This topic was automatically closed 90 days after the last reply. New replies are no longer allowed.