Posted by Anonymous on 8/27/05 8:26am
Msg #62182

Needs Clarification

Hi! I'm new in the business and something weird happened to me on a closing that i was doing last night. It was refinance documents and in the new loan the wife was not a borrower. The problem with this is that her name was showing on the deed to read line (taking title) on the Mortgage and 2 more documents. She told her husband to not sign those documents unless her name was not there, because she didnt' want to see her name on those documents, so, her husband decided to crossed off her name and initial. I know this is not acceptable but I tried to call the Closing Company and Lender Office but nobody answer. If this happens again what should i do?

Reply by Sylvia_FL on 8/27/05 8:38am
Msg #62184

You should just let the non-borrowing spouse know that he/she has to sign those documents, it does not obligate them to the loan. Without the non-borrowing spouse's signature on those docs, the loan would not go through.

I always tell the non-borrowing spouse that because Florida is a homestead state that they are required to sign those docs, as it signifies that they are aware that there is a lien being put on their home. The spouse cannot take out a loan without their knowledge as it is putting a lien on their home. It is for their protection. And they are signing the RTC as they also can rescind the loan as it is their residence too.
I never have a problem.

Reply by Anonymous on 8/27/05 8:41am
Msg #62186

Well, her name was only on the title section but not on the signing area.

Reply by Sylvia_FL on 8/27/05 8:56am
Msg #62189

Then it really doesn't make sense. Why would she object to her name being as on the title?
Strange. Would love to know how this works out.

Reply by LisaWI on 8/27/05 9:03am
Msg #62190

I quess I misunderstood, I thought her name was on the sig lines.

Reply by LisaWI on 8/27/05 8:52am
Msg #62188

Re: My Response

Are you in a community property state?? If yes, she was supposed to sign those. My take on this is she took control of this signing. And, we as signing agents are to have the control on the signing of the documents. I tell borrowers when I call to confirm the appointment, that my role is a notary, and also I am there to show them where to sign and how if necessary and that they are signing correctly. Ive had one situation where the non-obligor spouse was super worried about signing the documents, because she did not want to be responsible for it. It all ended good and she signed where she was supposed to. What would be really nice is if people would read their state statutes on marriage and the responsibility they have with one another and to the state as a married person. Also, my golden rule for the most part is if their name is printed, they sign. All this being said, this is my take on the situation and could be altered by a lot of different variables in your situation.

Reply by Anonymous on 8/27/05 9:27am
Msg #62193

Re: My Response

Well, I live in Florida, and she didnt want her name in any loan/financial documents even though her name was not in the signature lines.

Reply by LisaWI on 8/27/05 9:40am
Msg #62196

Re: My Response

Keep us updated on this. I am really curious on how this will work out. Some lenders and TC's specifically state no alterations on the documents. It was a shame you couldnt get a hold of anyone to help you when this was happening. Good luck!!

Reply by Sylvia_FL on 8/27/05 9:46am
Msg #62200

Re: My Response

Florida is a homestead state, and regardless of what she wanted, it is necessary for her to sign those "legals"

But it is up to the company to explain this to her.

Reply by Bonnie_FL on 8/27/05 1:39pm
Msg #62219

Re: My Response

I agree w/Sylvia. The wife needed to sign the DOT, any riders, TIL and RTC. Had one last night w/instructions from title company spouse to sign docs mentioned but lender neglected to put her name on any of those docs, so I got permission to add docs but I had a cell phone number of title company officer to call since it was an after hours closing. Yes, the lender should have explained all this to the borrower and his spouse, but in my case even the lender goofed when printing the loan docs. Got permission from title company to add her name to docs and she signed. I also like to have an after hours number of who I can call when doing evening or weekend signing which I do quite often have.