Posted by DebOK on 8/7/05 9:22pm
Msg #57505

Question..divorced, separated, lies & truth

I received a call to do a signing and was told it would be edocs. The signing was supposed to be later that day. A few hours later the signing company calls and says there is a mix up in the paperwork and the docs will be overnight. This is a company I've never heard of and I still don't have a confirmation. I ask for this so that I can call to schedule a time with the borrower. When I call the borrower he informs me that he is divorced and it will only be him signing the docs. He also reveals that he owned the house before he married his wife & she was never on the deed. The next day when the docs arrive the wife is not a borrower but is required to sign mortgage, right to cancel, etc... I called the signing company back and he says he will call the lender and call me right back. Within a few minutes he calls back and says the title company shouldn't have missed that & he will send corrected edocs the next day. When I call the borrower to explain he clarifies the situation by stating that he's not really divorced, but separated (for 2 years) and his wife lives just three blocks away. He really didn't want his wife to know about the loan but he was going to give her part of the money anyway. I called the signing company back and he again says he calling the lender. He tells me to go on with the signing if all parties agree. They did. We all met at a public place and everyone seemed to get along great. If you're still with me to this point, THANKS. Here's my question. When we get to the 4506-T (Request for Transcript of Tax Return) the borrower (husband) is supposed to sign. At the bottom the spouse signs and initials. Both spoke up and said that they don't file taxes together. The wife said she felt she shouldn't sign since she files her own return separately and this is a request for his transcript. I didn't have her sign as a spouse on this one. Do you think this will be all right or will I have to go back and have her sign?
Sorry for rambling.

Reply by PAW_Fl on 8/7/05 9:35pm
Msg #57506

Since the "Mr." is the only one on the note, he is the only one that needs to sign the 4506. Even if they file separately or jointly, the IRS knows how to tie them together by the provided SSN. So you need to make sure the borrowers name is spelled correctly and the social security number is correct on the form.

When you have a non-obligated spouse (NOBS), quite often you will not see the NOBS name or SSN on the 4506. With two signers, you may also see two separate 4506's, one for each borrower.

Reply by DebOK on 8/7/05 9:40pm
Msg #57507

PAW, Thanks for the answer.

Reply by DonnaV/nocal on 8/8/05 12:59pm
Msg #57592

Don't you love it? Comforting to know that other people have convoluted stories... I had no problem following.. lol... unfortunately... It is stories like this that make these message boards so invaluable. Thanks. When you are out there alone at night, and strange situations pop up, sometimes you have the answer because you've been reading the boards.

Reply by TinaG_CA on 8/8/05 1:27pm
Msg #57601

I had a purchase/sale last week. The daughter was selling a home to her father. He had a form to fill out on how he wanted title to be vested. He said he wasn't married, then said he was but was going through a divorce. He claimed wife was never on title. DOT had him as a single man. You should of seen the looks that his daughter was giving him. Preliminary report didn't show anyone else on title.