Posted by Anonymous on 10/5/05 1:32pm
Msg #68989

Need help quick please.Im in CA

I did a signing last night; husband and wife. Wife signed a QCD and only the husband had
his name all over the docs in the signature line. I got a call from SS saying that wife needs
to sign all Non-BSD.There were no instructions on the nonborrowing spouse; I know that
she älways sign, RTC, DOT,TRUTH IL,ITEMIZATION OF AF, ANY RIDERS CORRECTION AGREEMENT

But since there were no instructions and all docs were without the name of the wife in the
signature line I thought she didnt had to. Also she sign a QCD. The package came without a
signature name affidavit. The SS is paying to go back to have the wife sign.

Thank you for your help.

Reply by BetsyMI on 10/5/05 1:34pm
Msg #68990

I would have done exactly as you did. I have had exactly the same situation and never heard another word when I did not have the non-borrowing spouse sign, other than the QCD. But if they are paying you to go back out, I guess I'd do it. It's really not your problem.

Reply by Art_MD on 10/5/05 1:39pm
Msg #68992

In general, first the QCD is filed. Then the DOT. Once the wife signed the QCD, she had no interest in the property and since she isn't a borrower, doesn't need to sign anything.

Not being in CA, this doesn't take into consideration any dower or community property rules, laws, etc(if applicable).

Art

Reply by PAW_Fl on 10/5/05 5:50pm
Msg #69051

That's assuming that the QCD is taking her off title. It may not be doing that, but only changing her name or fixing a spelling error. Who knows without reading the instrument.

Reply by Jon on 10/5/05 1:39pm
Msg #68993

If they are paying you to go out again, go!!! Why would you even ask??

If they want you to do it incorrectly, go ahead. They are the ones who will have to answer to the lender or TC for the re-draw. (I'm assuming you told them about the QCD)