Posted by LisaWI on 9/26/06 6:34pm
Msg #148626

Confused-Help

I have a signing in about an hour. What I have is a seperated couple doing their own thing, mine being the husband. On the mortgage there is a spot on signing page for him to sign, but he isnt listed on the first page of the mortgage. Never seen this before. He isnt on title so Im being told. My question is if he isnt on the first page of the mortgage, why is he signing this?? He is also signing other legals. Thanx for any input.

Reply by LkArrowhd/CA on 9/26/06 6:54pm
Msg #148628

Re: Confused-Help Lisa call the person that hired you and

it really is not our place to know the details of each and every situation but to identify signers with proper ID. IMHO

Reply by LisaWI on 9/26/06 7:06pm
Msg #148631

Re: Confused-Help Lisa call the person that hired you and

You are right. Just want to keep myself out of hot water if there is any. And also Ive never done a signing like this before, so it threw me. The guy is asking me all kinds of questions and I told him to call a lawyer. Funny how we get dragged into the details whether we want to be or not.

Reply by LkArrowhd/CA on 9/26/06 7:10pm
Msg #148632

Re: Yes Lisa and you are right, we do indeed get dragged

into all sorts of situations, just refer him to the right source as you did.......

Reply by BrendaTx on 9/26/06 7:02pm
Msg #148629

Re: Confused-Help - Lisa, in Texas, most of the time

if it is a homestead property, whether or not both spouses are listed on the docs matters not. What does matter is getting them both to sign the DOT, some title docs, the TIL, the NRTC and usually the LPOA and Compliance Agreement.

This is not legal advice...it's just a glimpse at my own experiences...FWIW.

Reply by LisaWI on 9/26/06 7:16pm
Msg #148633

Re: Confused-Help - Lisa, in Texas, most of the time

Thanx you gals!! Thats pretty much it in a nutshell. Another note to this is I got an earfull from the mother of the husband and it wasnt good in reference to the seperated wife. That didnt help my confusion!! But I will lawfully ID and have him sign as a good little notary would. Have a good night.

Reply by Stamper_WI on 9/26/06 8:21pm
Msg #148650

Re: Confused-Help - Lisa, in Texas, most of the time

Just a guess, but WI is a marital law or dowager State. Since they are not divorced, he has a marital interest in the property even though his name may not be on the deed.
I have done several with divorcing couples. Usually there is a quit claim. Its pretty much the same as having a non borrower spouse. The same doc's need to be signed.

Reply by dickb/wi on 9/26/06 8:41pm
Msg #148656

Re: Confused-Help - Lisa, in Texas, most of the time

you are right stamper....wi is a marital property state and whether the husband is on title or not he owns 1/2 of the property......he also owes 1/2 of the note even if he does not sign it...he is resposible for 1/2 of her debts and she is responsible for 1/2 of his debts.....untill they are legally divorced or a court orders otherwise.....

Reply by LisaWI on 9/26/06 9:45pm
Msg #148674

Re: Confused-Help - Lisa, in Texas, most of the time

Oh yeah!! All done and over. I suggested to him to take documents to a lawyer and discuss this situation with him/her. Told him he does have a right to cancel the loan which he was not aware of. Such a fine line we have to walk sometimes even though we might know the answer to their questions.
Question to Dick though: Does he have ownership rights to the property even if the property was bought by her before the marriage?? And if Im not mistaken there are certain forms a couple can sign so that only one person is responsible for the debt, correct??

Reply by Stamper_WI on 9/26/06 10:35pm
Msg #148696

Re: Confused-Help - Lisa, in Texas, most of the time

Well I am not Dick but yes he has an ownership interest in the property bought before the marriage unless they have a pre nup. I believe it is usually half of the appreciation since marriage but then thats all negotiable in a divorce. The debt can be divided or assigned by the court...at least that was my experience in my divorce in WI