Legal Question in Real Estate Law in California

Re: Name change on mortgage

Ask them why they have taken such a stupid position. How does it effect your paying your mortgage? Under the law, you can use any name you wish unless it is being used to defraud someone. Ask them how it would effect the mortgage if the lender changes its name? They probably want to make some additional money off of you for the name change.

Prepare on legal paper a form entitled "Notice of Legal Change of Name" which states notice is given that the person who was born as xxx and then chnaged her name to yyy has now changed it effective 2001 to xxx and that all are the same person with the same legal responsibility as to any legal debts incurred under any name after the age of 18. The county recorder may object that it is a made up form but tell them the reason for it and that it merely clarifies who the owner is. Then give the lender a copy of the Notice. The exact language you use is unimportant except at the end put in a verification "I,xxx, hereby declare under the laws of the State of California and under the penalties of perjury that the above is true and correct of my own knowledge and belief and that if called as a witness to testify I would and could so competently do so. Signed this day of December 2007 at III, California.

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Re: Name change on mortgage

I don't necessarily disagree with Mr. Shers, but if I hadn't read his answer first I would have said you have two choices:

(1) Put up with it; or

(2) Get a court order.

There IS a formal process for legal name changes. It is spelled out in the Code of Civil Procedure at sections 1275 through 1279.6. At section 1279.5(a), the Code says, in effect, that although there is a procedure to get a statutory name change, you can still do a common-law name change as Mr. Shers points out.

Some people are able to figure out the CCP 1275 process and get a court-ordered name change without hiring a lawyer. It will require you to do some study.

Re: Name change on mortgage

You did not state the circumstances leading to your return to your maiden name. However, return to maiden name indicates that this change was the result of a dissolution of marriage. California family law has a provision to get an order returning your former name quite easily. This is the case even if the name change was not provided for in the judgment of dissolution.