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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am doing refinance. My husband has a POA because he is out

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I am doing refinance. My husband has a POA because he is out of town. The bank rejected my refinance because his signature is not his full name. That is the only signature that he has use to signed every documents like our bank and credit card document. My understand is signature can be wrote anything what people want. Some people's signatures even can't be read. My question is a signature must to be the person's name?

Thank you for your question. Please permit me to assist you with your concerns.

To answer your question directly, the signature does not have to be a person's name. It could be a symbol, a swirl, even a 'chop' (an 'X') provided that it is unique and can be traced back to that individual. That is the only requirement of a signature, that it has to be personal in nature and signed in person. But under law there is no formal obligation that it must be a name. The lender may have their own specific rules and may demand a name as a signature, but then it is technically not a signature anymore (if your spouse never signs his documents that way) but is instead a cursive writing of his name. Legally even a pure X should be sufficient.

Good luck.

Dimitry K., Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

I have lost financially because of the lender's unreasonable rejection. I want to sue the lender. Do you think it's possible that I can win the case?

My apologies but that is highly unlikely.

Ultimately the lender has the right to refuse to work with you so long as their reason is not discriminatory (it is not based on your gender, religion, national origin, creed, or race). Refusing by claiming that the signature is not a signature is highly questionable but it is not outright illegal purely because the lender is under no legal obligation to lend money, so they can place whatever conditions they wish on the funds. This is why I really do not see this as a situation where you are likely to prevail. I am sorry, truly.

Customer: replied 4 years ago.

But the lender said that my husband's signature is his Chinese name, not his American name.

I am not sure I follow. Your spouse signed his name as his Chinese character and that is why the lender denied the loan? Sorry if I am reiterating, just trying to make sure I fully understand. Please advise.

Customer: replied 4 years ago.

No, he did sign his name as Chinese character. he signed "boliang", that is his middle name. His first name is XXXXX XXXXX

Thank you for your follow-up.

Then it is not a racial discrimination claim. So long as he signed as his known name, and that is his means of signing documentation, it is a valid signature. Having said that, if that is not how he signs his name (that he only signed his name in this manner on this document), then their denial is valid and permissible. Now it is just potentially unreasonable but still legal since their denial is not based on any specific discriminatory factor.

I am sorry.

Customer: replied 4 years ago.

I am sorry that I missed a word "not", I want to say that he did not sign his name as Chinese character. He signed his name in this manner is not only on this document, but also for every document that he has signed. I think that is a racial discrimination. Because lender said he signed his Chinese name, not his American name

Thank you for your follow-up.

I do see your point but I just see it as a bit of a stretch. It may be arguable that the reason the loan was denial was due to your spouse's race based on his signature, but I still do not see it as a very strong case. There is enough to consider filing but I really cannot tell you that you are sure to win, as I still see it as a fairly circumstantial case.

Good luck.

Customer: replied 4 years ago.

Thank you very much for your help!

You are most welcome, truly!