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Notary Bulletin

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.

36 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

Carla DeShon

12 Feb 2020

I just became a signing agent and I am wondering do you fill out a line in your notary book for every page you notarize. but only have the client sign once?

National Notary Association

13 Feb 2020

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Jeaneen Smith

14 Jul 2020

Hi, I just became a NJ notary & want to know if I need a new page in my notary book for every page I notarize during a loan closing. Also, should I write out a new page for every co-signer of the loan or do I require only the primary on the loan sign? Thanks in advance.

National Notary Association

17 Jul 2020

Hello. New Jersey does not have a journal requirement for Notaries. This article has recommendations for completing a journal entry in the absence of state rules that may be of help to you: https://www.nationalnotary.org/notary-bulletin/blog/2014/10/what-every-notary-needs-to-know-about-journals

karendsingleton1@gmail.com

19 Oct 2020

I am a signing agent in Florida.... Since journals are optional, but recommended in Florida, If i elect to use a journal and have notorized several documents in a loan package is it necessary to have the signers sign each entry in the journal?

National Notary Association

19 Oct 2020

Hello. In situations where state law does not require a journal or provide statutory instructions for journal entries, Article VII-A-4 of The Notary Public Code of Professional Responsibility recommends the following: "For every notarial act performed, the corresponding entry in the Notary’s journal shall contain, at least: the date, time, and type of the notarial act; the date, if provided, and description of the document or proceeding; the name, address, and signature of each principal and witness identifying a principal; a description of the evidence used to identify any principal and witness identifying a principal; and the itemized fees, if any, paid by the principal to the Notary."

Carolyn Rodriguez

19 Oct 2020

There are a lot of unanswered (good) questions because people forget to put their State. Perhaps in your Comments section where it asks to click on: "Add your comment" you could include the statement, "Please include your state." I have been curious about MANY, MANY questions that were left unanswered that I wish you'd have provided an answer to. Thank you for considering this.

Becky Sebreros

22 Oct 2020

What happened if borrow refused to sign document, and what type of notarization is a “Signature & Name Affidavit a Jurat or Acknowledgment?

National Notary Association

26 Oct 2020

Hello. If a borrower refuses to sign a document in a loan package, you should contact the lender or title company to request instructions how to proceed.

Tammy Hardy

22 Oct 2020

Good Evening from PA ...If signer refuses to sign one or more of the AKA Affidavit variations, do I still notarize it? What if one or more of the variations of their name are not valid ? ...they don't agree with one or more? Do they still sign it "as is" or sign and or respond with "Never known as this " individually?

National Notary Association

26 Oct 2020

Hello. If a borrower refuses to sign a document in a loan package, you should contact the lender or title company to request instructions how to proceed.

Timothy Lee

25 Oct 2020

In CA who fills out the Tax Information Sheet if it is in the package? thanks

National Notary Association

29 Oct 2020

Hello. You should contact the lender to request instructions regarding any unclear documents in a loan package.

Shannon

28 Oct 2020

If I am no longer a notary signing agent but I’m still a notary I can’t sign the mortgage documents right?

National Notary Association

29 Oct 2020

Hello. If you are still commissioned as a Notary, you may still perform notarizations. However, if you are no longer certified and background screened as a Signing Agent, you will not be able to perform loan signing assignments for companies that require NSAs to be certified and background screened.

Dee Allgood

06 Nov 2020

On the Signature Affidavit: What is entered beneath my signature in the Notary Public for_______ This is showing above when I enter my commission expires date.

National Notary Association

10 Nov 2020

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.

Sandra Freeman

23 Nov 2020

Suppose a signer misses the signature line and signs slightly below the signature line approx. 1/4 to 1/2". The person's signature is now literally below his typed name instead of the signature being properly above his typed name. There is nothing left on that page except for the notary. 21 days later, the notary is required to redo the signing. The signature is there directly below his typed name, no other interferences at all, and the notary's part is accurate and complete. I have looked and inquired in several places with no answers. Help, please?

National Notary Association

04 Dec 2020

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.

Sheikh Mamun

03 Dec 2020

Good

ariehgucovschimiller@gmail.com

15 Dec 2020

Excelent

Mum B

28 Dec 2020

Hi, I’m in NY. After a Signature & Name Affidavit, do I need to write their name down in a notary journal? Thank you.

National Notary Association

04 Jan 2021

Hello. New York does not require Notaries to keep an official journal. However, it is a recommended practice to keep a journal as it provides you with important evidence if any of your notarizations are questioned or challenged at some point.

Johnetta Bond

03 Jan 2021

I’ve been a NSA for nine months. I turned down an order for a reverse mortgage. Where can I get training on signings for reverse mortgages in State of Maryland. Are the documents different for these loans?

National Notary Association

05 Jan 2021

Hello. You can find out more information about reverse mortgages in this article: https://www.nationalnotary.org/notary-bulletin/blog/2020/02/why-reverse-mortgages-are-good-for-business

peggywright446@gmail.com

07 Apr 2021

I am interested in reverse mortgages, please let me know how I can get training on reverse mortgages.

National Notary Association

08 Apr 2021

Hello. For more information about reverse mortgages, please see these articles: https://www.nationalnotary.org/notary-bulletin/blog/2020/02/why-reverse-mortgages-are-good-for-business and https://www.nationalnotary.org/notary-bulletin/blog/2021/03/5-most-common-signing-agent-assignments

Naomi Petit-Dor

08 Jul 2021

How do I describe a Non-Applicant Affidavit And is this for the Borrower to sign?

National Notary Association

14 Jul 2021

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.

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