Posted by JLE/CA on 7/28/05 12:57pm
Msg #55358

Wife not on title??

I called to confirm a closing the other day with the borrower. I asked if anyone else was on title, He says no. I receive the docs and title reads with just the borrowers name but doesn't state how he takes title, he assures me it is a married man as his sole and separate property, he sign's the docs and go on my way. There is a section on the DOT that requests the borrower to check the box if they are married or unmarried, he checks married.
Nothing in my instructions say anything about a non-borrowing spouse signing the docs. I have done numerous signings with this same scenario and never had a problem with the non-borrowing spouse not signing. Today I receive and e-mail that the loan package has been rejected because borrower checked that he was married and wife didn't sign DOT or RTC....I am to please forward the items, with wife's signature on them ASAP!
Isn't this their mistake and shouldn't I be paid to go back out?
I do have a call into the title co and am waiting to talk to someone but would appreciate your opinions. I know some lenders require this and some don't but usually you get instructions up front and the non-borrowing spouse has their name typed on the doc?? I know mistakes happen but is this my fault or the title companies??
TIA!!!!

Reply by Shannon/Va on 7/28/05 3:20pm
Msg #55391

Though CA may be different than Va, here, if person on deed is on it by himself without tanyone else, then only he needs to sign regardless if he is married. Va is now a dower interest state, and I do not think CA is either. Therefore only the person on title needs to sign.

Not UPL, but i do work for an attorney and have been an examiner for 15 years and know this info, for my state anyway.

Reply by JLE/CA on 7/28/05 4:08pm
Msg #55399

Thanks Shannon.
We are a spousal state but for most companies I work for if the spouse is not on title they don't need to sign anything.
The title co. is going to send me the original doc signed by the borrower and have the wife sign just to acknowledge the transaction is taking place. I am to add her to the acknowledgement section.
I did a signing just a few weeks ago for the same title co. and same lender. Wife was only one on title, she is the only one who signed deed, no problem. I didn't have to go back and have her husband sign anything. It get so confusing with these companies. I am going to just check everytime regardless of circumstances for now on!

Reply by Blueink/CA on 7/28/05 6:09pm
Msg #55430

In california, marital documents (Mortgage, RTC, Truth in Lending, Itemization of Amount Financed) are signed (and initialled) by both spouses, if the borrower is married and the spouse lives in the home as a primary residence. This applies even if only one person is listed on the note.

Reply by Shannon/Va on 7/28/05 9:07pm
Msg #55471

Since Va is not a dower state, i wasn't sure about out there. So thanks for the info. I always like to learn how other states rules differ from mine.