Posted by ruru_CA on 9/21/06 4:49pm
Msg #147569

Help

What is the deal when there is a signing for one borrower, one name on all the documents? But one page mentions that the borrower is married. Company is closed and signing in 1 hour. Do I need the wife to sign that is if she is there?

Reply by Raimond on 9/21/06 4:55pm
Msg #147570

Re: Help - Notarize don't analyze.... n/m

Reply by ruru_CA on 9/21/06 5:18pm
Msg #147575

Re: Help - Notarize don't analyze....

I don't know what you mean?

Reply by TitleGalCA on 9/21/06 11:24pm
Msg #147664

Re: Help - Notarize don't analyze....Ruru

What he is saying is that you have instructions - it isn't your place to figure out who holds title to the property or to determine whether or not the lender drew the documents correctly.

You aren't the title police or the vesting police. You are the notary.

Raimond was correct. Don't second guess either the SS or the lender. Just do your job.

Reply by Charm_AL on 9/21/06 5:32pm
Msg #147578

if there is a place for her sig yes, if not don't worry about it

Reply by Brad_CA on 9/21/06 11:12pm
Msg #147660

Does it state John Doe, a married man, as his sole and seperate property?

If so, he owned it before they were married. It is therefore not community property.

If there is no place for her to sign, that is probably the reason.

Reply by TitleGalCA on 9/21/06 11:28pm
Msg #147666

Sorry Brad but that isn't your call to make

How someone holds title (especially in California) and how documents are drawn simply isn't the job of a notary.

I appreciate you're probably directing as to the reason "why" but you shouldn't do that. There are too many situations that a notary simply can't determine.

When in doubt as notary, follow the instructions.

Reply by Brad_CA on 9/22/06 1:42am
Msg #147674

Re: Sorry Brad but that isn't your call to make

Susan, you are correct that the Notary should follow the instructions given to them.

"I appreciate you're probably directing as to the reason "why" but you shouldn't do that. There are too many situations that a notary simply can't determine."

Yes I was "directing as to the probable reason "why." Yes, there are many situations involved. However, you do not know my background or experience. I think I will change my handle to TitleGuyCa LOL

Reply by Barbara O on 9/22/06 7:11am
Msg #147687

My state is a community property state. So even if the husband is taking out the loan, and the wife is a non-borrower, she must sign. When I see docs like that, that say he is married, I ALWAYS call the company and let them know we are a community property state. Usually they thanks me up and down and tell me to have her sign the req'd docs on the co borrower line. I'd rather make a 2 minute phone call then have someone say later that I screwed up by not having the non-borrowing spouse sign.

Reply by Barbara O on 9/22/06 7:12am
Msg #147688

to add

If the company was closed, I would make 2 copies of the docs that are normally signed by the non borrowing spouse and have him sign one alone and have them both sign one together. THen I'd call the company in the morning and ask their choice. If they want the copies with both, I would charge them a (small) extra printing fee.

Reply by Debra Holston on 9/22/06 7:45am
Msg #147703

Alabama is a spousal state and must sign certain docs even if their names are not on the docs. The only docs they do not have to sign is investment property.