Posted by HisHughness on 11/25/04 1:13am
Msg #12003

Strange...

Went to a signing yesterday. Second go-round for the borrower. He lives with the mother of his 3-year-old son; they aren't married. The house is his. First set of docs listed the live-in as his wife. The prior notary, after ascertaining the borrower's domestic situation, scratched out the live-in's name on the DOT, TIL, etc. (!). Title company sent me back for a re-sign. I covered three counties in three cities for four signings Wednesday; didn't have time to look at the docs before I went. We're merrily signing away when I come to two DOTs. On one, he is the only title holder. On the other, he and the live-in are listed as title holders and as husband and wife. There also was no grant deed from husband to husband and wife. The other three docs that normally require signatures from non-borrowing spouses also listed her. Anybody have any idea what was going through the murky depths of the document preparer's alleged mind?

Reply by Jennifer on 11/25/04 2:32am
Msg #12005

Probably far too much espresso fed intravenously.

Another thought -
I don't know the common law marriage or community property regulations in Texas. Perhaps the title company was trying to cover themselves both ways.

Perhaps they will take the docs to the county recorder and ask her to pick the ones she likes best!

Reply by Bob-Chicago on 11/25/04 3:26pm
Msg #12034

Had a similair situation recently
Doc preparer put POSSLQ's name on "legals" thinking that Illinois was a common law marriage state.
When I confirmed appt w/bwr , told him to be sure to have his wife present.
He said that he would, just as soon as he got one.
Called title co and had docs re-drawn to reflect just him
Never did ask where they got her name to begin with.
I understand that in certain states, after common law spouses, who have had children together separate, there is a significant question as to wether they are still brother and sister.
As to the question of the Recorder of Deeds, as I understand it, so long as the document is signed by the named paries and duly acknowledged, the doc will be recorded.
The Recorder does not care as to the relationship of the parties. The issue of the binding effect of the lien on non-signers is beyond the scope of the duties of the Recorder.

Reply by HisHughness on 11/25/04 6:30pm
Msg #12042

Bob-Chicago states:

***I understand that in certain states, after common law spouses, who have had children together separate, there is a significant question as to wether they are still brother and sister.

Just had to slip a little Arkansas humor in, didn't you, Bob?

There is a common misconception regarding common law marriages. They actually should be terms "common law weddings." A common law marriage differs in no way from a marriage contracted under the ministrations of a priest, judge, notary public, ship captain, or any other party authorized to perform marriages. A common law marriage is NOT a second class marriage, and it definitely is not just living together. It is every bit as binding and carries the same rights and responsibilities as a ceremonial marriage. If you are married at common law, you still have to get a divorce if you wish to remarry. If you are married at common law, all the children of that union are legitimate.

My beautiful and talented soon-to-be ex-wife and I wished to be married at the Statue of Liberty. So, we wrote our vows and recited them standing before the Lady (had a German tourist snap our picture). Then we came home to Texas and did something that Texas provides; I am not sure if it is available in other states. If you are married at common law in Texas, you can file with the county clerk a "Certificate of Informal Marrige." That is your marriage certificate.

The Texas procedure eliminates the stickiest problem with common law marriages, which is proving them. In Georgia, when I practiced there, there were three elements to a marriage: The ability to contract a marriage (you're not already married, insane, too young, etc.), the present intent to be married (both of you intend from this moment on to be husband and wife, not at some time in the future), and consumation. The only difference between a ceremonial marriage and a common law marriage was that in a ceremonial marriage, consumation was presumed, so that if the groom was killed driving away from the church the newly bereaved "virgin" wife could still inherit. In a common law marriage, the husband actually had to nail the bride.

Trust me, though, there is no distinction between a common law marriage and a ceremonial marriage with respect to the responsibilities of the parties. As I lamentably am about to find out.

Reply by Bob-Chicago on 11/26/04 7:10am
Msg #12067

As I understand the plan, she will get the uraniurm mine and you will get the shaft.
Good luck to you and Happy T Day

Reply by Serina/VT on 11/27/04 6:25pm
Msg #12104

I had a funny one the other day.

As Hugh said we were merrily signing along when suddenly there was a Doc asking for the husbands sig. Wife responds "he's dead, I sent them the death cert". Ok so I have her write in "deceased" and we flip the page and low and behold is a list of doc's received by the loan company and guess what was listed, DEATH CERT

They also had her weight listed on the disablity and life ins as 120 lbs...in her dreams!