The borrower's name is misspelled on a document that requires notarization. What should the agent do?

A misspelled name on a document requiring notarization is not a typographical problem to be tidied up at the table; it is a discrepancy that may affect title, recording and the enforceability of the instrument. The signing agent has no authority to decide which spelling is correct or to alter a lender's document, so the correct action is to stop and contact the contracting company, which can obtain a corrected document or instructions from the lender or title company. Each alternative causes a different failure. Correcting and initialling alters a document the agent has no authority to change. Having the borrower sign a name that is not theirs creates a signature discrepancy across the package and may not match the identification. And completing the certificate with a spelling different from the document's produces a certificate that does not correspond to the instrument it is attached to. The agent's role here is to identify the problem and escalate it, not to resolve it.

A name discrepancy may affect title, recording and enforceability, and the signing agent has no authority to alter a lender's document, so the contracting company must be contacted for instructions.

Signing agents present documents as provided and may not alter them. Name discrepancies affecting title or recording are escalated to the contracting company, which obtains corrected documents or instructions from the lender or title company.

Escalate, Do Not Fix. It is not your document and it is not your call which spelling is right.

Distinguish this from a signature affidavit listing known name variations, which is a document designed for the purpose and is completed normally.

• •Correcting the document and having the borrower initial it
• •Having the borrower sign the incorrect spelling
• •Completing the certificate with a name different from the document