Posted by Becky_KS on 1/17/05 3:43am
Msg #17037
VA Notaries - need your help
Have a signing tomorrow. Owner lives in KS. Property is in VA. This is a refi. Wife and Sister owns property. This is a split signing. Sister lives in VA.
What do I need to look out for?
Who needs to sign what?
VA is a witness state so I'll have a witness ready, one will be myself - correct?
Thanks.
| Reply by PAW Notary Services on 1/17/05 8:47am
Msg #17048
>>> VA is a witness state so I'll have a witness ready, one will be myself - correct? <<<
According to my notes, Virginia is NOT a witness state. However, check your docs carefully as some lenders require witnesses, not only on the DOT/mortgage, but also the Note, and other documents. Skim all documents thoroughly.
| Reply by Becky on 1/17/05 10:11am
Msg #17059
Tks PAW - Is VA a spousal state? I know the borrower is married but SS confirmation only shows one borrower's name for me to notarize.
Where can I access these types of info for all states so I can keep notes?
| Reply by PAW Notary Services on 1/17/05 10:42am
Msg #17064
A great resource for this type of information is Stewart Title's Business Practices (http://www.vuwriter.com/vupractices-toc.jsp)
Click on the state information to see what they have to say.
For example, for VA:
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In General
Dower and curtesy have been abolished in Virginia. VA Code 64.1-19.2 Virginia now has an "augmented estate" statute. VA Code 64.1-16.1 Property is not in an "augmented estate" if it has been sold to a "bona fide purchaser" for value. Thre are other, less common exemptions; contact Virginia underwriting personnel. VA Code 64.1-16.1
Virginia is not a community property state.
Virginia does have homestead exemptions that can be claimed. VA Code 64.1-151.1, 64.1-151.2, 64.1-151.3, 64.1-151.4 and 64.1-151.5 General underwriting requirements are that spouses must join in conveyances when he/she is not in title and the owner is not conveying to a bona fide purchaser under VA Code 64.1-01. Any transaction listed with a real estate agent is to a bona fide purchaser. Deeds of Gift, Quitclaim Deeds, Deeds into the Grantor's Trust, or any other deed without fair market consideration or to a related party require spouse to join in conveyance.
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If unsure, check with the assigning title company how they want it handled.
| Reply by VA757Notary on 1/17/05 11:02am
Msg #17066
I am a VA notary. It is a spousal state not a witness state. Some title companies do want you to sign as a witness so double check with them. The husband doesn't need to sign anything if the property was aquired prior to them getting married. Otherwise, he will have to sign the usual, HUD, TIL, Deed, etc.
So you are only notarizing the signatures for the sister that lives in Kansas?
| Reply by Becky on 1/17/05 11:19am
Msg #17068
Thanks 757
Yes, I will be signing for sis in KS only. This is second attempt for this loan. First attempt last week halted right from start because owner did not agree amt on HUD. I found lots of errors that first time. Notarial wording were all prep for VA statutes and both VA and KS sisters were on acknowledgment. Husband's name did not appear anywhere. I don't know when property was acquired. Should I just back off and let the title co figure all this out.
| Reply by VA757Notary on 1/17/05 12:14pm
Msg #17075
that's probably your best bet. But you can also just pose all of those same questions to the title company to give them some flags about the loan. That way when they can't give you an answer it really isn't your fault if something is done wrong because you did take the initiative and ask. Just a little CYAing. Good luck
| Reply by Shannon/Va on 1/17/05 10:44pm
Msg #17147
It doesn't matter when the sisters took title to the property, before the Va one got married or not. What matters is who is in title. If the Va sister has her husband on title, he needs to sign, if he is not on title, he does not have to sign. If the property is being sold, he SHOULD sign the deed as a grantor, as her spouse, but some attorneys do not require the spouse to sign the deed if they were not originally on the title. As an underwriter I want the husband to sign out as well.
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