Posted by G in CA on 6/24/05 6:55pm
Msg #47569

non-borrowing spouse

If there is no mention of the wife anywhere on the docs, and the only form I can see that she might sign is the non-borrowing form that does not have any name on it. I only know he is married because the deed says john doe, a married man, as his sole and separate property.Would I have her sign anything??TIA

Reply by Mary_in_CA on 6/24/05 7:18pm
Msg #47578

I had a similar case, wife's name wasn't on anything but she did have to sign the "Interspousal Transfer Grant Deed". Her name was not on it and the signing company didn't give me her name either. I think it would be good for them to give the nonborrowing spouses name anyways on the assignment or confirmation sheet that way we would know who the spouse is, other wise how could we help prevent fraud. In this case i mentioned she didnt even carry the husbands name. I had to to do a second trip because I was not aware that the wife did live with him, my first thought was they were probably seperated or getting a divorce and he was keeping the house. Now I think this is the case only if the wife's name is on the original Deed of trust and not in the loan. If wife is not in the original Deed then maybe she doesnt have to sign-(not quite sure). Hope this helps.

Reply by G in CA on 6/24/05 7:36pm
Msg #47583

You are so sweet, thnaks

Reply by TitleGalCA on 6/24/05 7:38pm
Msg #47584

Are you doing a purchase or a refi? Is the deed you mentioned a new deed, or one clarifying how title is held? I'd like to help, but the docs you list sound incomplete to me.

Reply by Sylvia_FL on 6/24/05 10:18pm
Msg #47625

When in doubt call the title company. Each company is different on what the spouse signs

Reply by Nancy in Florida on 6/24/05 11:01pm
Msg #47637

Remember too that all States are different too. Some states do not require that a spouse sign anything at all. Some states are Spousal States, Homestead States or Community Property States and require certain docs be signed by the spouse. I agree with Sylvia the only way to know what the spouse should sign is to call the TC.

Reply by Anonymous on 6/25/05 12:23am
Msg #47652

the non-barrower does sign something- I think it is a quick claim stating they are in agreement that they have no interest/ties to the property. I would have to look at my personal loan docs. This document should be in with the packer. Call lender/title company.