Posted by AnneSoCa on 7/26/05 10:30pm
Msg #54948

Interspousal Grant Deed Question

I received a loan package today for a borrower's refi. I was told it was for him to sign. When I took a look at the docs, I noticed there was an Interspousal Grant Deed with his wife's name on it.

No problem, I called the borrower back to let him know the wife would need to be there to sign the deed.

He told me she isn't on the title of the house, never has been and he's always owned it as his sole property (as a married man).

So, the question is, do you think the spouse needs to sign? Her name's not on the DOT, TIL or RTCs (or anywhere else in the loan package), just on the Interspousal Grant Deed. She can't be there for the appointment anyway. I told him we'd just go ahead with the signing and I'd talk to escrow tomorrow.

Anyone ever have this situation?

Reply by TitleGalCA on 7/26/05 10:46pm
Msg #54954

***So, the question is, do you think the spouse needs to sign?*** Yes I do, but not for title issues, only because the lender is requiring it for this particular loan.

Regardless of how he took title (and I'd bet that at the time of the purchase the wife signed a quitclaim deed or interspousal transfer deed) - this lender has required it again for the refi. The lender (as we all know) makes the rules as to the conditions of their loan.

If it were me signing them, I'd make a note to the SS/TC that you called brwr and the response that the wife couldn't be there, and leave it up to escrow to obtain the QCD or interspousal transfer deed. You did fine.

Reply by AnneSoCa on 7/27/05 12:22am
Msg #54979

Thanks for the input TitleGalCA.

This was assigned to my by a loan brokerage that I get a lot of work from. I'll just let them know the situation, and if it happens that I have to go back out and get the wife to sign, then I'm sure they'll pay me for that.

Thanks