Posted by bdinn_AZ on 6/25/05 12:24pm
Msg #47726

Deed of Trust

Can someone help? Received e-docs this morning for a signing at 2 pm today. Refi is to be in husbands name only, but AZ is a homestead state and wife needs to sign DOT, RTC and TIL. I was not informed about "a wife" and did not know she was needed until I received papers this morning. Called husband to confirm and he states wife is out of town till September! Has a fit about her having to sign, states she is not supposed to. Anyway, spoke to closer, says we can overnight docs to wife and have her overnight back to them. Problem, DOT has both names typed in statement for me to notarize. Do I cross her name out or should I attach a loose acknowledgement with just his name on it? I wanted a professional notary's advice before speaking to the title company. Please help!! Thanks in advance!

Reply by AngelinaAZ on 6/25/05 1:07pm
Msg #47733

Re: Attorneys anyone?

Reply by AngelinaAZ on 6/25/05 1:12pm
Msg #47736

Re: Attorneys anyone?

Sorry I hit the worng button.

If he doesn't want her on the title she doesn't have to be listed on the DEED. There are other forms for her to sign. If he doesn't want her on it, she shouldn't be. He is allowed to be married and have sole and separate property, even in AZ.

As far as going ahead with it. Just have him sign... don't cross her off the deed unless instructed to but ONLY fill out the ack with HIM in it. ONLY!!!!

If their names are pre-printed in the Ack, then cross her off and initial in your notorial wording.

Reply by AngelinaAZ on 6/25/05 1:17pm
Msg #47739

Re: REVISED ANSWER

OK I've had a long weekend. I re-read your question.

I usually will just cross the other name off in the ack (on the deed), if it is on the same page as the signatures. If the ack is an attachment already... as some are, I will void the attached ack and attach my own nice clean neat one with the one name. I think it is the cleanest way to do it.

Reply by bdinn_AZ on 6/25/05 1:56pm
Msg #47748

Re: REVISED ANSWER

Thanks! I spoke to the title co. and they agreed I should attach the loose ack. The wife will have to get to a notary where she is and have them do the same. This is the second signing I have had where only one spouse is taking the loan, but the other had to sign the DOT, TIL and RTC. At least in that situation the spouse was aware of what was required and there were no issues. Thank you for the info, just wanted to make sure everything was legal and I wasn't asked to do anything I shouldn't.

Reply by Ted_MI on 6/25/05 6:12pm
Msg #47795

Re: REVISED ANSWER

Angelina,

I would add the word "only" after that "one name", just to indicate that he is the only person whose signature she is acknowledging.