Posted by Janna Frailing on 8/30/06 11:41pm
Msg #142420

HELP REALLY QUICK

Does a non-borrowing spouse sign the TIL?

Reply by Jersey_Boy on 8/30/06 11:43pm
Msg #142422

Are you taking a test Janna? n/m

Reply by Janna Frailing on 8/30/06 11:46pm
Msg #142426

Re: Are you taking a test Janna?

No, a friend is signing right now and is stuck.

Reply by BrendaTx on 8/31/06 7:15am
Msg #142450

Re: Are you taking a test Janna? I agree with JB. n/m

Reply by srnotary_CA on 8/30/06 11:43pm
Msg #142423

Usually not. Ask the company that hired you to make sure though.

Reply by Jersey_Boy on 8/30/06 11:44pm
Msg #142424

Usually not?? hmmmm.... n/m

Reply by Sandra Rasnake on 8/30/06 11:46pm
Msg #142425

Re: Usually not?? hmmmm....

Whenever I have come across this and ask the company they tell me no the non borrowing spouse does not have to sign. And usually when we do a refi here I do not have to sign as the non borrowing spouse. Thats why I said ask the company she was hired by.

Reply by Janna Frailing on 8/30/06 11:52pm
Msg #142428

Re: Usually not?? hmmmm....

Thanks for the help, guys.

Reply by TitleGalCA on 8/31/06 12:24am
Msg #142429

Bottom line Janna?

It depends on who the lender is...primarily, and second who the title company may be. Good question though.

Reply by Ndwa on 8/31/06 4:44am
Msg #142439

For future reference

When in doubt, cover your base by having the borrower sign his/her copy w/o the spouse then use the extra copy from his/her stack to sign with the spouse.

Reply by BrendaTx on 8/31/06 10:17am
Msg #142501

Re: For future reference - Andy...

When I was little notary, I did not ever ask these kinds of questions because I knew how to do exactly what you are talking about.

In fact, when I first toddled, I would make an extra copy of any questionable document and have it signed both ways.

Then, I would research the question and find out the definitive answer. You are so wise, my dear friend.

I am going to add this to the tips and tricks in my book...speaking of said FREE book for all to read, it addresses this very question. Oh, if only the babes would read what is available to them.

Reply by LIZ/VA on 8/31/06 11:56am
Msg #142551

Re: For future reference

This is an EXCELLENT suggestion. Here is my story: The spouse wanted to sign., and of course no one on the signing order was available via phone to answer the question was it o.k. or not. Decided to let spouse sign, WRONG! Learned the hard way, and had to go back for corrected doc.. It was assignment from one of our DEADBEAT signing companies, and besides the fact I still haven't been paid for the signing ( along with many of the correct ones I had done before and after ) I was out for 2 very long trips, plus trip to FEDEX another long trip, ( to get it to lender on time no drop box for that day's pick up ) , plus cost to send the corrected doc back to tile co. LESSON LEARNED ... "the hard way" .Please keep sending these good suggestions!

Reply by Poppy on 8/31/06 12:20pm
Msg #142559

Great tip! Andy... Thanks! n/m

Reply by Poppy on 8/31/06 12:20pm
Msg #142560

Great tip! Andy... Thanks! n/m

Reply by Poppy on 8/31/06 12:33pm
Msg #142568

Sorry, sticky fingers. n/m

Reply by BrendaTx on 8/31/06 10:26am
Msg #142505

Re: Usually not?? hmmmm.... Sandra - you are too funny. n/m

Reply by PAW on 8/31/06 6:43am
Msg #142443

I disagree ... NOBS are covered in Reg Z

According to Title 12 (Reg Z), part of the Right of Rescission is the receipt of certain disclosures by ALL parties with an interest in the subject property. The TIL is one of those disclosures that typically must be provided to the owners, along with the RTC, as it contains the information required by Reg Z to be disclosed. Reg Z has no requirement for signatures on the RTC nor the disclosures to show receipt of the notifications, but if the RTC is signed by the non-obligated spouse (NOBS), then logic would say that the NOBS would also need to acknowledge ALL the disclosures, which includes the TIL and the Itemization of Amount Financed (if included).

Every title company that I've worked with does require the following documents to be signed by the non-obligated owners:

Mortgage and Riders
RTC
TIL
Itemization of Amount Financed
And, most often, any affidavit concerning the property (such as, Survey Affidavit, Owner's Affidavit).

Reply by Notary_OH on 8/31/06 7:09am
Msg #142448

Re: I disagree ... NOBS are covered in Reg Z

Here in Ohio, the NBS always has to sign the TIL. Even if their name is not pre-printed on it. I have them sign and print their name below.

Reply by Diga2Lin/FL on 8/31/06 7:56am
Msg #142463

Re: I disagree ... NOBS are covered in Reg Z

Too late for this (the closing's done) BUT... I think the key is in the phrase " by ALL parties with an interest in the subject property" - this non-borrowing spouse may not be on title - I think in that case they would not be signing anything. Was this non-borrowing spouse on title?

Also, for what it's worth - IMHO this was a test question - and a NSA basic.

Reply by Ernest__CT on 8/31/06 7:58am
Msg #142465

Two thoughts

1. Yep, smells like a test question.

B. Depending on the law(s), the NOBS may not have to be on title to be required to sign some documents. Think homestead, et cetera.

Reply by cyndi_ca on 8/31/06 8:09am
Msg #142470

Re: Two thoughts

Whenever I've come across this, they always have to sign TIL

Reply by Sher_AZ on 8/31/06 8:40am
Msg #142479

Re: Two thoughts

I agree. AZ being community property state requires NOB's signature on several doc's including the TIL. Guess it depends on your state laws, but best source for an answer would be the Co who hired the SA for the signing.

Reply by Bob_Chicago on 8/31/06 9:05am
Msg #142482

As I see it, state law determines WHO has an "interest"....

in the property. (homestead, community , spousal, etc).
Federal law states, (as Paul says) that all with an interest in the
prooperty have a right to cancel and should receiver a TIL (in both
cases if applicable to the xtion)
The signatures on the RTC and TIL constitute a receipt.
The lender/TC determine what additional dox need to be signed by
NBS, (eg Compliance agreement , affidavits etc.
If the NBS is required to sign the mtg/dot and if the bwr is reqd to
sign the RTC and/or TIL then I believe that the NBS should also sign those
dox.
Generally there is a better chance of a non-fund (or second trip) for
not signing a necessary doc than for a extra, non-reqd sig.
(this does NOT apply to the "obligation documents (eg Note, HELOC
loan agreement and 1003)

Reply by Poppy on 8/31/06 11:30am
Msg #142539

Bob and Paul... I love how you breakdown your answers even

when I know the answer (or in some cases think I know the answer) I always learn a thing or two from your detailed explanations.

Thank You!