Posted by SamIam_CA on 5/11/05 8:04pm
Msg #37214

widow vs. unmarried woman - what's in a name?

I did a re-fi today on an investment property with no RTC. The borrower started out high strung and got more agitated as the time went on. I made sure she knew that I could not give legal advise and that there was no RTC and she needed to feel comfortable with the signing. Single mom, baby crying at the table etc.

She lost it when we got to a grant deed changing the vesting from Jane Doe - a widow to Jane Doe - an unmarried woman. The DOT had her as an unmarried woman. Can anybody explain to me what the difference is between these designators?

I finally got her to sign everything after the escrow officer told her to void the grant deed. I hope the deed of trust can still record with her being an unmarried woman instead of a widow. Oy vey!

Reply by Luci/CA on 5/11/05 8:39pm
Msg #37225

A widow is a woman whose spouse is deceased; an unmarried woman has been married but is now divorced; and a single woman has never been married. Hope this helps...

Reply by Sam I am on 5/12/05 9:53am
Msg #37288

But why does it matter if she is designated as unmarried or a widow or single? As long as she has no spouse, which would indicate community property, why does the title company and/or recorder care?

Reply by Luci/CA on 5/12/05 9:30pm
Msg #37424

It would be the title company that would care not the recorder, and the main reason is because they need to establish the individual's legal "status," and keep the chain of title clean. If I take title as a single woman, and then the lender (or some other subsequent document) shows me as an unmarried woman, the title company is going to wonder where my husband is and if he has any interest in the property, etc. Hope this helps - I am not a title examiner, but I know the correct status *is* important.

Reply by SamIam_CA on 5/13/05 9:38am
Msg #37474

Thanx Luci - that makes sense.