Posted by Jeanie-fl on 4/23/05 5:25pm
Msg #33568

question for Paw or Sylvia

I did a signing today for a man who put his mother on the title after he purchased his home. LO told him that his mother didn't have to sign any docs. Of course I arrive with the docs and the mother is on the mortgage, TIL, RTC, AKA, compliance and LPOA. BR is now irrate and the mother doesn't want to sign the docs. We call the LO who said she doesn't have to sign and new docs would have to be drawn. I told the LO that if the mother is on the title she has to sign. LO said he's been doing this for over 20 years and that I was "stupid".

I couldn't reach anyone at the SS or TC. I was packing to leave when a guy from the TC called to ask how the signing was going. After telling him he say's "of course she has to sign, she's on the title". It all came down to stricking the mother's name and they'll send a quitclaim deed Monday. All of this took 2 hours and 20 minutes because the LO said the mother didn't have to sign.

Have you ever done a signing where someone on the title didn't have to sign the mortgage?

Reply by Joan-OH on 4/23/05 5:36pm
Msg #33571

Seems odd that a quit claim would come after the fact on a later date. Usually, the deed needs to be done before the other docs. Can't really sign a mortgage if you don't own the home can you?

Joan-OH

Reply by Sylvia_FL on 4/23/05 5:40pm
Msg #33573

Yes, if she is on title she has to sign the mortgage.

Hmm I guess the QCD is going to take her off the title.

Reply by PAW_Fl on 4/23/05 9:30pm
Msg #33595

Not only does everyone who is "on title" need to sign the mortgage, they need to sign a bunch of other stuff (the "legals") as well, including the RTC. The LO was blowing smoke from some wacky-weed to say that someone on title doesn't need to sign.

As for the QCD coming after the fact, it will be handled during the three-day rescission period. The title company will have to ensure proper filing sequence of the QCD and mortgage.

Just remember, if you do the QCD, it will require two witnesses, one can be the notary, for the QCD to record (assuming this is for FL property).