Posted by Anonymous on 3/24/05 10:00am
Msg #27422

WHOSE NICKEL

I did a late night closing where only he was on loan, wife was on title but her name was not typed on RTC, only his. I did not get her to sign since her name was not typed by title co. Whose nickel should pay for resign?

Reply by jlynn on 3/24/05 10:06am
Msg #27423

The non borrow spouse always has to sign the right to cancel.

Reply by Art_MD on 3/24/05 10:13am
Msg #27426

It's on whoever gave you the assignment.
But:
Did the instructions give directions re: the wife?
Which state are you in?
Did she have to sign any other docs?
How many RTCs were there total?
Did you call anyone when you saw this? LO?, SS? Title co?

Some may consider it UPL, but an experienced signing agent would immediately question this. What I have done is have the borrower make another copy of the RTC. Then have only the borrower sign one, and have both sign another. You can also borrow one of the borrowers copies and do the same thing.

Art

Reply by Jon on 3/24/05 10:43am
Msg #27430

Re: WHOSE NICKEL......YOUR'S

You should return for no charge.

All persons on title sign the RTC. This is beyond your scope as a notary, and into your responsibility as a SA. We are not just notaries, we are SA's and as such we should have knowledge that is directly tied to being a SA. It is not UPL if you have sufficient training and experience to know that some things must be done.

Reply by Mike/NJ on 3/24/05 10:55am
Msg #27431

Its on you... Always ask if there is a spouse.. In NJ if there is a spouse they have an interest in the property so they need to sign a few forms.

Reply by Roger/OH on 3/24/05 11:05am
Msg #27432

You should be aware of the spousal/dower/homestead laws of your state, and as already mentioned, you should know that whomever's on the title usually signs at least the security docs (RTC, TIL, and mortgage), even if they're not a borrower. I'd suggest if you value your relationship with this company you head back out on your nickel and complete the assignment.

Reply by VA Not on 3/24/05 11:12am
Msg #27434

. . . and don't forget the Riders, as well.

Reply by Alabama on 3/24/05 11:30am
Msg #27439

Re: It doesn't cost you a nickle to ask a question

Good rule of thumb if you have a question on the loan docs always ask questions before or contact your contact at the title company or lender and address your questions. It's more painful to make a mistake than it is to ask a question first. We are suppose to know our business but there is never a stupid question their are only stupid people who won't ask a question. Laws are differentr from state to state and loan signing requirements are different from lender to lender. I know the RTC, TIL, Mortgage and riders have to be signed in homestead states but you might find lenders requiring other forms they require to be signed
by the non borrowing spouse.

Reply by Anonymous on 3/24/05 11:19am
Msg #27437

Re: WHOSE NICKEL- IT IS MINE NOW

Ok, I know I was wrong but so was the title company leaving off the typed names as where to sign. I called the SS back and told them I would get the papers signed on my nickel. Thanks for all your input, even the ones that lectured me rather than giving advice.

Reply by Ernest+_CT on 3/24/05 11:24am
Msg #27438

Take pride in doing The Right Thing! n/m

Reply by carlosnyc on 3/24/05 1:35pm
Msg #27458

Re: WHOSE NICKEL- IT IS MINE NOW

I would just like to add, don't always leave it up to the title or SS company to do the" right thing" so to speak. Many times the people that put this documents together do not always know whats required. I've had documents sent to me with just ONE RTC for a husband and wife. Also, most of the RTC's I receive never have the names preprinted on them.

Reply by janCA on 3/24/05 2:08pm
Msg #27461

What should I have done? Was this "buck"

A couple of weeks ago, I did a signing, just the wife was on all docs, but the Deed said, Ann Smith and "no name" as joint tenants. The husband's name was not listed on any docs. I asked the wife if her husband was on title, she thought so, but didn't know. I said, do you want to call your loan officer?" She said, no, that's okay, and he being there (her husband), agreed. I simply thought this could have been a mistake on the mortgage as I've seen it done many times so I really didn't think much of it. I get a call a couple of days later from the settlement agent asking me if I would do them a favor and go back out and get the husband to sign all the legals. I said, yes, for a certain price. Okay. I pulled docs off the computer, but called the settlement agent back and said, you know I have to date these docs today, I can't backdate them. She transferred me to her supervisor who said, I should have known better and should have had the husband sign these docs and they should be dated the date on which the wife signed. I proceeded to say, yes, I know what docs need to be signed in a dower state but the wife did not know, the husband was not named on any docs, this was an evening signing, no one to get in contact with, plus I've had many signings where a husband or wife is signing as sole and separate property. The Deed could have been in error when it said Ann Smith and "blanK" as joint tenants. She just said, with disgust in her voice, I need these docs signed today and I said I would oblige but they will also have to be dated today. She said, fine.

If I make a mistake, I am more than willing to correct it and admit it. I thought the supervisor was passing the buck.

Reply by janCA on 3/24/05 2:10pm
Msg #27462

Re: What should I have done? Was this "buck passing"?n/m

Reply by CaliNotary on 3/24/05 4:42pm
Msg #27495

Re: WHOSE NICKEL- IT IS MINE NOW

I just read this thread and I didn't see anyone lecture you. I saw nothing but polite informative responses, some of which attempted to educate you beyond the scope of your question.

You might want to be a little more gracious considering nobody has to give you any help at all.

Reply by Ted_MI on 3/24/05 7:32pm
Msg #27522

Re:in addition.......

Also if you post again in the future, you might want to indicate what state you are from, as many queries require state-specific responses. Heh, you can still be anonymous - just be anon from some state.

Reply by CarolynCO on 3/24/05 8:04pm
Msg #27530

Re: Especially since posting as Anonymous with no state.n/m