Posted by Grammy824/NC on 6/26/06 9:58pm
Msg #128749

Husband and Wife on Deed of Trust

I have a closing tomorrow and have not seen this situation before. The husband is the borrower and the wife is not signing all of the forms, so her name is not typed on each form. It is not even typed on the DOT, even though it is in both of their names. Shouldn't she sign it anyway? I thought the DOT was supposed to have both names typed on it.

Reply by Anonymous on 6/26/06 10:16pm
Msg #128760

Her name is only req. on 2 docs, depending on....

the state, as a non-borrowing spouse. Check your state law.

Reply by Ernest__CT on 6/27/06 1:23am
Msg #128815

No, no, NO!

The NOTARY is NOT RESPONSIBLE for checking the state law! Unless you are an attorney, don't give legal advice! Suggest to your contact that the lender (or whomever drew the docs) needs to check the requirements for your state. It is great that you're looking out for the borrowers, but don't put yourself in jeopardy by taking it upon yourself to have anyone sign or not sign.

Tonight (Monday) I had to lead a banker by the virtual hand (we were on the borrower's cell phone, in speakerphone mode) to have him tell me how to make corrections. I had to ask "Do you want me to ...?", and he actually put us on hold while he checked with someone else.

Reply by NCLisa on 6/26/06 11:36pm
Msg #128785

In NC the non borrowing spouse is to sign the DT, TIL, RTC, E&O/Compliance Agreement, Owners Affidavit, Limited POA and any other doc that the lender requires.