Posted by nickID on 7/20/06 11:47pm
Msg #134367

Non-Borrowing Spouse

If you are in a community property state and the docs don't have the wife's name on any docs and the instructions don't mention anything about a non-borrowing spouse, do you automatically have the spouse sign the DOT + Riders, TIL, NTC, Itemization of Amount Financed, Doc Correction Agmt and Prepayment Penalty Riders? Or do you call to confirm? Thanks.

Reply by cntrlcalntry on 7/20/06 11:56pm
Msg #134368

Always call the lender. The first one I "assumed" the NBS needed to sign the
DOT, etc. I had to do a go back and fix it.

Reply by Paul_IL on 7/21/06 12:57am
Msg #134395

Depends on the State.In IL NBS must ALWAYS sign Mortgage and all legals without exception on the primary residence. Out of state lenders are truely Clueless about state requirements. I have lost track of the times I have had to have the NBS sign when their names were not on the required documents.
I had a lender call me to complain telling me his client did not want his wife(3rd wife) to sign the mortgage. Lender told me I would resign the mortgage for no charge he said do it his way or he would find someone else. I conferenced in the county recorders office who explained to this loan officer just how wrong his opinion was on the state requirements and she suggested he get some education before he screwed up someones mortgage.

Reply by Joan_OH on 7/21/06 7:41am
Msg #134443

Education is right!

A few years ago I was signing a prominent, wealthy, citizen. When I called to make sure his wife "Mabel" was available, he got very upset because "Mabel" had died 3 years before. BUT, he had a brand new wife and he did not want her to sign the docs or involved in any way.

I called the signing company and then got into back and forth emails with the title company about having the new wife sign. Borrow was very insistant that she not and I could not make the title company understand our dower laws.

About 6 months later I get a call from the signing company telling me title had "lost" my acknowledgement and would I please send in a new one. My response was "let me guess, I was right and now they want me to send and acknowledgement with a wifes name on it that I've never laid eyes on". I then proceeded to tell them I would be happy to go out and get the mort resigned by both wife and husband, but I WAS NOT sending in a new ack. Then I proceeded to read the back & forth emails that were sent 6 months prior. I got the "let me check & I'll call you back" line.

Point is, I checked with title before I added anyone, despite our dower laws. It was their decision and their problem the mortgage wasn't filed for 6-7 months after the lender dispursed the funds.

Joan-OH

Reply by TitleGalCA on 7/20/06 11:57pm
Msg #134369

Re: Non-Borrowing Spouse - No.

Lender's are very particular about this. If the doc's you have confuse you...check with the title company.

It is NOT your job as a notary signing agent to determine ANYTHING. Go with the flow and if it doesn't pan out at the time of signing...your issue is with the Signing Service.

Be firm about your own status as an Independent Signing Agent and a Self-Employed Person; and enforce that as such with the SS or TC that hired you.

Reply by asigner on 7/21/06 7:43am
Msg #134444

CLUELESS in california --here u go !

Notary Public 101 Course (California) - Now Available for $9
Harry can offer you this, on this site.... ur welcome