Posted by Linda/NJ on 6/8/05 12:17pm
Msg #43190

Closing in NJ/FLA. investment property Sylvia HELP!!!!

Hello Sylvia, can you clarify for me please. Closing a purchase loan in NJ, Florida construction loan. Woman is married. Husband's name is not on any documents. Do I follow the Florida notary laws where I need a witness and I can be one also and since we are closing in NJ does the husband have to sign anything ie the mortgage, truth & lending, etc. Does he need to be present? Who's law do I go by? I know I may have to change all my notorial pages to NJ if the need to be. Thank you Sylvia in advance. PS. haven't gotten to Fla yet may be in the fall. Still can't wait to get in touch. Linda. PSS called the company that hired me and the title co. title co. REAL nonshallont about what to do! Signing Co. says if they are asking you to do something illegal, let us know! I have done two of these in the past and they were fine, but the last ones were with an unmarried man.

Reply by PAW_Fl on 6/8/05 12:51pm
Msg #43196

I'm not Sylvia, but ...

If there is a DEED in the package, then it must be witnessed by two witnesses (one can be the notary) in order for it to record. That witness requirement has nothing to do with notary laws. Your notarial certificates must be completed as prescribed by NJ notary laws.

As for the spouse needing to sign, that may not be the case. Florida is not a spousal state, however, we are a "Homestead Property" state. If the home is homesteaded, or planning on being their homestead, then both spouses **should** sign. If the spouse is not shown on any document, then it's up to the title company to correct it if it is incorrect. Therefore, if you cannot get an answer from title, sign as shown. You can only do what you can.

Reply by Linda/NJ on 6/8/05 1:12pm
Msg #43207

Thank you so much PAW! I spoke with Sylvia, she says same as you have. I am clear on the vested part. and it is investment property. So I am good to go. Thanks to you both!! Regards, Linda.