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#619268 - 09/28/06 03:10 PM Signature/Name Affidavit
Seda411 Offline
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Joined: Aug 2006
Posts: 8
This document "appeared" in our consumer lending loan doucmentation program. Is it a required document or is it used mostly for the protection of the bank? I can't find anything about it being required. (I love new releases!) Thanks for your help!

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#619269 - 09/28/06 07:33 PM Re: Signature/Name Affidavit
Angel Eyes Offline
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Angel Eyes
Joined: May 2001
Posts: 4,599
Hi Seda,

Could you give us more to go on? What does it talk about in the form? Thanks!

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#619270 - 09/28/06 07:48 PM Re: Signature/Name Affidavit
Seda411 Offline
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Joined: Aug 2006
Posts: 8
The form says "I hereby swear that the signature below is my legal signature (Signature must match signature on the Note and Mortgage or Deed of Trust) - then there is a signature line and then another signature line if the person also has an "aka". Then the form needs to be notarized. We use BI and there was just an update made and this form was included. Our consumer loan department wants to know if we should be using the form or not.

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#619271 - 09/28/06 07:56 PM Re: Signature/Name Affidavit
Seda411 Offline
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Joined: Aug 2006
Posts: 8
I forgot to be polite and say thank you "Cover"!

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#619272 - 09/29/06 01:48 PM Re: Signature/Name Affidavit
Compliance2U Offline
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Compliance2U
Joined: Apr 2006
Posts: 110
Midwest
I have seen most of these forms with secondary market loans I have closed. I know that the lender we worked with required them. We never used them in-house, we felt we knew our customer or wouldn't have made the loan.

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#619273 - 09/29/06 02:28 PM Re: Signature/Name Affidavit
Angel Eyes Offline
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Angel Eyes
Joined: May 2001
Posts: 4,599
I agree with Compliance2U, we see these on the secondary market. There is no regulatory requirement.

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#619274 - 09/29/06 03:37 PM Re: Signature/Name Affidavit
Truffle Royale Offline

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Joined: Jul 2003
Posts: 17,410
This document is used to tie in all the ways the borrowers names can occur on various items in the file.

Ex: cbr shows Jimmy Jones; Title commitment shows James M. Jones; borrower's NORMAL signature is JMJones.

Of course we prepare the docs to reflect title and get the borrower to sign James M. Jones. On the name affidavit we list all of the above to indicate we know they are all the same person.

I've used this for both in-house and secondary market loans. Secondary is more likely to want it tho.

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#619275 - 09/29/06 04:31 PM Re: Signature/Name Affidavit
Seda411 Offline
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Joined: Aug 2006
Posts: 8
Thank you all for your guidance - I really appreciate it!

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