Posted by Chrissy/NC on 2/25/09 7:34pm
Msg #278725

One to buy two to sell NC

I had called before the siging to ask the borowwer to bring and a copy of his license and his wife's. He stated he was no longer married. When we went to sign he said he was legally seperated and his wife was not on the deed. NC is a spousal state and with that being said I told him his wife needed to be there. Is there any written information on a web site I can keep with me since I am a notary and not a lawyer that will explain this to Borrowers? Just to let you know when we got to the Good Faith and Deed his wife's name appeared. That stopped the signing.

Reply by Philip Johnson on 2/25/09 7:41pm
Msg #278729

The Lo's phone # is all you need.

Let him/her explain, you don't want in the middle of that.

Reply by Chrissy/NC on 2/25/09 7:50pm
Msg #278733

Re: The Lo's phone # is all you need.

The LO was at the signing.

Reply by Linda_H/FL on 2/25/09 8:06pm
Msg #278737

I wouldn't ask a LO to enforce spousal regulations

all they usually want is to get the loan signed - he HAD to know he was married since her name showed up on the GFE....

I'd have gotten title on the phone from the table and let them deal with the borrower's questions of who has to sign and why - obviously the LO didn't do his job from the get-go.

MHO

Reply by Jim/AL on 2/25/09 9:34pm
Msg #278752

Is NSA obligated to enforce spousal regulations?

Assuming spousal State closing. If I/we are aware that a borrower is still married is it our responsibility to let the TC or LO or SS know this?

I have always wondered what my position is in this case, it seems like it is bordering on the practice of law if I tell the borrower that his spouse must be at closing to sign the NBS docs. Whenever I have brought it to the attention of a TC or SS that I just confirmed an appointment for what they thought was a single borrower that said he/she is technically still married, it usually results in a reschedule or cancellation.

If I/we have this knowledge and allow a married borrower to sign the docs as a single person have I commited a crime? I try to do everything legally and by the book and do not want someone elses decision to affect my living.

Opinions would be appreciated...beat up on me if you'd like!

Reply by Linda_H/FL on 2/25/09 9:55pm
Msg #278755

Re: Is NSA obligated to enforce spousal regulations?

Obligated to enforce? no.....but a good NSA will know when to alert title to a possible issue and let them make the call. MHO

Reply by Maureen_nh on 2/25/09 10:58pm
Msg #278761

Re: Is NSA obligated to enforce spousal regulations?

You haven't commited a crime, the lenders or their agents haven't practised due diligance.
If you are aware of a problem let them know immediately. I routinelY ask the borrowers if there is a spouse and depending on local laws, so should you.
Believe it or not these LO's don't bother asking if the borrowers have married since their last transaction.
Title on the property doesn't negate spousal rights.
If you want to look smart and professional, check marital status with borrower and depending on your state, report any discrepancies

Reply by Les_CO on 2/26/09 2:03pm
Msg #278800

The Lender usually has a legal dept..or at least legal counsel available. The Title may not have a legal dept. but their underwriters do. You as a Notary (or NSA) have no access to the title docs. Why are you guessing? Just do the job you were hired for. Follow the instructions; don’t violate any of your States notary laws, and be done with it. If ‘they’ got it wrong, who cares? Maybe they’ll send you back with a QC deed? Maybe they’ll do a redraw and send you back to do another complete signing? At any rate it’s not your job to give the Lender, the Title company, the borrower, or anyone legal advice. You can alert Title to the supposed problem, but don’t make their decisions for them.