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Notary Signing Agent Document FAQ: Signature And Name Affidavits

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Notary Signing Agents deal with a dizzying variety of documents during a loan signing and many of them have special or unusual instructions. In this article, we answer some frequently asked questions about one of the most common documents Agents encounter — the Signature and Name Affidavit. 

What is the purpose of a Signature and Name Affidavit?

The Signature and Name Affidavit is a document used to protect the lender and title company from possible fraud by confirming the following:

1. The borrower is signing documents with his or her correct legal name.

2. The borrower's signatures used in executing the loan documents are true and correct.

3. The borrower is one and the same person as any other names documented in credit and title reports or other financial transactions that have been disclosed to the lender and which appear on the Affidavit.

Are there other terms for a Signature and Name Affidavit?

Yes. A Signature and Name Affidavit can be included in a loan document package under several different names, including “Signature/Name Affidavit,” “Signature Statement,” “Signature Certification,” “Name/AKA Affidavit,” “AKA Statement,” “Affidavit of Common Identity,” “Identity Certificate,” One and the Same Certification” or “Borrower Affidavit.”

What types of loan document packages include a Signature and Name Affidavit?

Approximately 90 percent of all loan document packages include a Signature and Name Affidavit, which is the most commonly notarized form in a loan document package apart from the security instrument (the Deed of Trust or Mortgage).

Does a Signature and Name Affidavit require notarization?

In most cases, yes. A Signature and Name Affidavit may include certificate wording for either an acknowledgment or a jurat, so Notary Signing Agents should check the form to see what type of notarization is being requested. Also, Agents should be aware that some loans may include a Signature and Name Affidavit that does not require notarization.

David Thun is an Associate Editor at the National Notary Association.

7 Comments

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Rita Barren

01 Apr 2019

I just encountered this issue over this weekend, where the borrower refused to sign the Signature Affidavit because they felt like the various names were not correct as being "one in the same" and did not want to agree to it. What is the best practice for a situation like this? I contact the Loan Officer on my instructions from the closing table, but no response; so I contacted my notary company that hired me for the signing. I did not get a response from either during the closing so I told the borrowers that they should reach out to their loan officer again for an explanation of the form.

signaturetogo@comcast.net

01 Apr 2019

David Thun: would you please clarify what you mean by "correct legal name?"

National Notary Association

01 Apr 2019

Hello. On a signature affidavit, the signer is confirming that the name he or she is signing with represents the complete, official form of the signer's name. Depending on the type of signature or name affidavit, a signer might also be asked to list nicknames or other variant names the signer uses in addition to the correct legal name. For example, an affidavit might ask a signer whose full legal name is "Alexander Rathburn" to swear that "Alexander Rathburn" is the person's full legal name. However, if Alexander sometimes goes by the nickname "Al Rathburn," some affidavits may require the signer to confirm that "Alexander Rathburn" is the same person known by the nickname "Al Rathburn" as well.

Karen Mary Howard

01 Apr 2019

Most lenders ask that the borrower write "I have never been known by this name" for any names that are just a mistake. Some lenders only list variations of their legal name. Others list every name that appears on the credit report including mistakes - usually from the stores that offer an immediate discount if the sales clerk quickly types your name - sometimes inaccurately.

Denise Jennings

11 Apr 2019

Should the borrower also sign their name according to all the different variations? Ex. Billy Bob (sign Billy Bob); Bill Bob (Sign Bill Bob), etc? Many times there is only one signature line. I have created additional lines on the document and have had the borrower sign in accordance with each variation. Is this practice advised or should the borrower only sign only as the name appears below the only provided signature line?

National Notary Association

12 Apr 2019

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Lisa Christine Swift

18 Apr 2019

affadavit March 29, 2019 And I have been to several Banks. I have an appointment 04192019Friday

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