Posted by RayC_TX on 3/2/06 1:43am
Msg #101252

Brenda TX -- your opinion is appreciated

I breifly described, in a thread below, where the borrower, left his wife out of the spots for her signing.
I have never had this happen before, i dont want to write on the documents, should POSTITS with a brief explaination do ?

Reply by ReneeK_MI on 3/2/06 4:30am
Msg #101253

Since I beat Brenda to the coffee this morning ...

Ray - if her name wasn't on the Note, my bet is it was also not on the 1003 and it was because she wasn't Co-Borrower, but was only signing the other items as a Non-Obligated spouse. Was there something that made you think she was, and that it was an error that she wasn't on the Note?

It would be crucial that a non-obligated spouse (or non-borrowing title holder) NOT sign either of those two things (Note, any Note Riders, and 1003), as it would render the loan non-compliant, and those items would need to be re-done.

Does that help?

Reply by Dorothy_MI on 3/2/06 9:01am
Msg #101322

Don't you ever sleep, girl friend??? NM n/m

Reply by ReneeK_MI on 3/2/06 5:05pm
Msg #101462

You can take the girl off the farm ...

but you just can't take the farm out of the girl. Anyone near me with horses to feed? By 9:00 a.m., I've completed more 'day' than most people do. I just figure I'm living about a lifetime and a half ...

Reply by BrendaTx on 3/2/06 4:43am
Msg #101254

Txns take care of their own. Ray - Grab an apple, it's time

...for class Little Grasshopper-san.

Everyone else be calm.

Okay, Ray - Was this signing in Arlen? Was it Dale Gribble--Hank Hill's buddy? Sounds just like him...and, from what you say - he was probably right. (And, you are correct not to write on the docs...never do that without instructions to do so.)


Now, what you had was a borrower who was right-Dale knew what he was talking about this time. His wife did not have her name on the note because the credit was not being pulled in her name. Hubby only is apparently the only one to be on the note. Was she on the Application 1003? Not on the note either? Then that means DO NOT have her sign the note.

Probably not on the HUD 1 / Settlement statement either?

But she WAS on the DOT, TIL and Notice of RTC? Compliance Agreement? Signature/name affidavit?

She is what you would call a NObS. Non-obligated borrowing spouse.

In Texas, when one spouse is on the note and the other is not -- almost -- always the spouse will sign the DOT, the TIL and the NRTC, plus the riders for the DOT (they will be checked on the DOT / usually 2nd page if there are any). A few of the title docs as well, and usually the Compliance Agreement. [If spouse is not on note and not on these documents, until you know what you are doing, call the title co./ask here/call me to find out what you need to do.]

Was this a purchase?? If so, the loan will fund immediately and there will not be a NRTC. This is the same on an investment property. There will be no NRTC.

Think logically about this and you'll remember it. In Texas, we have only had HELOCs added to the Texas Constitution in 1997. Until then, there were no 2nd liens in Texas. Why? Because you cannot fool around with a person's home in Texas. They don't want any of us to be homeless...so there are lots of safeguards in the Texas Constitution.

(1. You need to read the section in the Tx Cons Section 50 Article XVI - Home Equity Lending)

(2. go here to brush up on your financial commission trivia.
http://www.fc.state.tx.us/Home%20Equity/HEINDEX.HTM
-- The test is on Monday. )

(3. be sure to get a Big Chief Notebook and one of those big fat pencils and make notes while reading this entire forum and the two items above--You must go back to the beginning of this forum and start reading young man. Cover to cover. Make notes of what you do not understand and ask...keep notes of what you need to do next time.)

When you have a spouse getting a loan on a property/homestead, if there is another permanent resident in the house like a spouse or a shack-up situation, then you have got to make sure that the one shacking in, or the one married to the one on the note, has FULL understanding that there is a transaction about to happen which will affect their home.

I have seen loans where grown children had to also sign off on these types where they were also permanent residents in the house with their mother and / or father. If the child had a spouse, the spouse of the grown child also signed off. Why is it they have to sign? Because it is their home, and you cannot mess with their home without them knowing it.

The only time I have seen a spouse NOT sign the usual NObS documents noted above was when the husband and wife had a pre-nup.

You are a brave soul, Ray. You aren't going to catch any grief over this (right everyone?) except what I am going to give you. I can't blame you for jumping in there and getting started, but from this day on, Grasshopper-san:

--Don't assume anything is supposed to be a certain way just because it seems like it makes sense.

--Assume that you know nothing and you'll be safer that way.

--ASK ABOUT EVERYTHING for at least 25 signings. If you are not 100% sure, stop and ask.

--Leave the knowledge you think you have to the side. You are now but a dumb @ss for at least 25 more signings. Can't even think to pour you know what out of your boot before you put it on--you have to find out if it is the right thing to do or not.

You are not the only one....all who start this must learn to do things the way they have to be done. Often, it seems ridiculous, but if you want to do it right and get paid, you need to do it the way they want it done.


Okay, I am putting the pearly shield around you so no harm will befall you while others read these posts. And, Grasshopper-san, no posting for fun until you get part of your assignments done today.

Melissa of eXp will be by later to teach you that martial art thing she does.

Reply by Renee Kovacs on 3/2/06 4:50am
Msg #101255

Brenda ..

I should've let you make the coffee, mine doesn't work as well as your's !

(Excellent advice, excellent posting, and exceptional writing ....=)

Reply by BrendaTx on 3/2/06 5:11am
Msg #101257

Re: Brenda ..Thanks Renee' -

You-can-call-me-Ray-Ray probably wasn't looking for as much as was delivered, but got 'er done!

Fixin' ta make him out a test. (Dang it Ray, you have me writing like I talk now! I slip up and say it all the time, but I don't ever write out "fixin ta..."

Reply by eXpedN_TX on 3/2/06 9:45am
Msg #101333

Ray, we are so lucky to have MKIA (aka BrendaTX)!!!

Brenda, you are such an asset to the notary world, especially here in Texas!!!

Ki Hap!!!!

Reply by RayC_TX on 3/2/06 7:56am
Msg #101282

hahah <bowing to the master>

OK OK Yes I understand about the Texas financial.
No it wasnt them this was an overbearing fellow from East Texas...
AGAIN SELF APPOINTED ATTORNEY OF SORTS.
I am calling the title company this morning, I should have put my foot down an said ....LOOK
He called someone at the title company 3 times and WENT OFF on them like a rocket

I will simply mend the error of my ways and carry on from there.
About the only thing he lacked doing was placing 3 other people and myself under duress.

On a positive note the lady at the office said Hang in there sometimes people like this you have to get corrections 3 or 4 times THEY JUST DONT LISTEN.
I GOT A CHECK FROM HIM FOR THE TITLE COMPANY.... I didnt expect that but when I explained to him what it was and was for " OH YEAH OK " then he switched modes to me to DICK TRACY mode
Thanks again .... you have helped me set forth DIRECTION to MEND MUH WAYS !!!

Reply by BrendaTx on 3/2/06 8:27am
Msg #101296

Okay, seems like Renee and I both read the Grasshopper wrong

Just talked to Ray and he forgot to mention that the note had the woman's name on it. That would set any new one's head spinning. It was not on the URLA.

Here's a guaranteed re-sign either way - we could bet on that.

Glad Renee' got the same idea I did or I'd really feel bad about this Ray...no, I don't feel bad about it at all. Nope. sure don't. eXp still might come by to show you how to do things her way...stomp a mud hole in his hindquarters.

Reply by eXpedN_TX on 3/2/06 10:00am
Msg #101337

Re: Okay, seems like Renee and I both read the Grasshopper wrong

Two hits:

1. me hit'n them
2. them hit'n the floor

(Breakfast Club jargon).

Of course, I would never hit someone unless we were in class sparring. If I went to jail, I would lose my commission.

Reply by SarahBeth_CA on 3/2/06 11:59am
Msg #101386

Re: Okay, seems like Renee and I both read the Grasshopper w

Ah but do you know the ancient martial art Ty Kwon Leap?

Reply by eXpedN_TX on 3/2/06 1:42pm
Msg #101406

Re: Okay, seems like Renee and I both read the Grasshopper w

Is that throw down your briefcase and run???

Reply by GenB_CA on 3/2/06 6:42pm
Msg #101497

Boot to the head:) n/m