Posted by pat/WA on 3/11/09 1:15pm
Msg #280318

martial documents

Can I get a list of martial documents? I want to be sure I am doing it right and the SS did not print names on the signature lines

Reply by sue_pa on 3/11/09 1:18pm
Msg #280319

I once again shake my head in amazement

Why would you ask a LEGAL question with VERY specific answers on a notary chat board? ASK YOUR CLIENT !!!!!! Every lender and title underwriter have their own requirements ... to say nothing about being state specific.

Reply by Philip Johnson on 3/11/09 2:43pm
Msg #280334

Pat, be snide as you want.

Sue is right. If you want to use info found on a website to deal with situations that our state has very specific rules dealing with, good luck on that. I always ask for specific info from the hiring entity, before I step into making an assumption.

Reply by Patricia/VT on 3/11/09 1:20pm
Msg #280323

The Marital Docs are Mortgage, RTC, TIL & Itemization of amount financed. Usually also some affidavits, compliance agreement and ID or Name aff. If in doubt after reading instructions, call title and ask.

Reply by pat/WA on 3/11/09 1:24pm
Msg #280325

Thanks for your help, Patricia. The problem has been that the only instruction has been verbal and to have the borrower's husband sign the marital documents. Therre has been no written instructions.

thanks Sue for your non-help as usual

Reply by MW/VA on 3/11/09 3:30pm
Msg #280341

I learned over time to keep a list of the non-borrowing spouse docs in my notary bag, just in case. There are lots of times they don't even give you a heads up that this is the situation, until you realize both names aren't on the Note.

Reply by sue_pa on 3/12/09 7:23am
Msg #280400

But Judge, I was only trying to do my job correctly. Of course I had no idea that these people were in the middle of a nasty divorce and my actions have now given the defendant 1/2 interest in real estate that was, prior to my arrival, nonmarital. BUT I asked "certified signing agents" around the country and one from Vermont, who was also just trying to help and was sooo nice about it, told me what to do . Of course I never thought make my client tell me . Of course you remember me Judge. I am the one who attempted to explain line by line the reverse mortgages to senior citizens because I thought it was the right thing to do. What? They've now gone to a nursing home and lost everything because they truly didn't understand that little book I read to them from? No ... we didn't think to stop the closing and have them consult someone else ... after all, I had a little book that explained everything.

Good luck with your future Pat.

Reply by sue_pa on 3/12/09 7:27am
Msg #280402

wanted to further say

LEARN WHAT YOUR JOB IS AND WHY YOU ARE BEING SENT TO THE TABLE. Keep your nose out of areas that are not yours to concern yourself with. When you screw up a loan by willy nilly deciding who signs what, it will reflect on everyone else.

Yesterday I KNEW a client made a mistake on a document ... by the way, 3rd try for these borrowers and I knew they were getting divorced. Did I just take the document and have it signed as is? Did I make the determination to have him sign and cross her name off? No. I e-mailed my client and guess what ... she sent over a corrected, revised document. It's not our decision what to do, even when we know the answer. But, those with experience who "know stuff" should always let the client when we see something that appears incorrect.

Reply by CaliNotary on 3/11/09 4:27pm
Msg #280348

Yeah, that's some non help Sue gave you

It's always a much better idea to trust the word of a random person off of the internet, simply because it sounds like the answer you want to hear, instead of going directly to the source to get the answer you need.

And I'm guessing that even though everybody in this thread, except for one person, gave you the same exact answer as Sue, you're going to dismiss them all except for the one you wanted to hear.

Reply by aatatusko on 3/11/09 2:39pm
Msg #280332

Sorry you took Sue's advise as harsh. Sue is right. It is best to ask by email, every tc is different, the email trail will protect you if they screw up by missing one of the required docs.

Reply by Sandra Clark on 3/11/09 4:34pm
Msg #280350

Most of us know which are the marital docs in our own states BUT always ask which one THEY want signed!!! Don't take verbal - make them send you an email outlining exactly which docs they must have signed. It varies from lender to lender. GET IT IN WRITING, then you're safe, not flying by the seat of your britches.........Sue is absolutely right as usual.