1/3 owner of property in VA mountains. Name is on Deed. Wife has a third, Husband has a third, wife's mother (MIL) has a third.
Wife and husband pay mortgage, MIL furnished down payment with recently deceased brothers life savings.
MIL seeks HELOC without permission from spouse pair. Only MIL name on HELOC. Pair is told shortly before day of contract and agree as money is needed for work nearly completed. During signing, bank incorrectly assumes husband is MIL natural born son and assigns him MIL last name. Husband points out error immediately, is instructed by notary tk strik incorrect last name. Print correct name with inital by each correction.
On affidavit: Husband name is incorrect, is instructed to write "this is not me" and sign next to that statement. Husband asks if he should return to sign redrawn paperwork with error corrected, is told no by notary and bank employee.
On the one hand, simple clerical error. On the other, how did this loan get approved? The only affidavit signed by husband is a moot point, he affirms, and is witnessed to affirm, that he is not the person listed on the paperwork.
Next steps for spouse pair? They're too kindhearted, they make the HELOC payments.