Posted by Laura Upton on 3/7/06 1:29pm
Msg #102861

help from nh notaries

Hey ladies and gents....
questions for you.

IS NH a community property state? is it my responsibility as a notary to know that? and the divorce laws as well? and if the husbands name is the only one printed on the docs do we just 'assume' that the Mrs. has to sign too? I had no instructions that SHE was to sign, only him; his name is printed on docs.....

Title co. is saying that i 'should know that both spouses need to sign because NH is a community state regardless of who's name is printed on the legals". There are no instructions that state that she is to sign everything, and her name is not preprinted on the docs. I did have her sign where it requested her initials and where her name was preprinted.....but on the other docs such as MT and TIL i did not. Did i goof or did the TC?

any info or input on this would be helpful. and please dont blast me too much, if i am wrong. I have checked the notary laws and dont see anything that states that....and i will check my notary signing book when i get home.

thanks, laura

Reply by LarryTN on 3/7/06 1:33pm
Msg #102862

Laura,
I always have the non borrowing spouse sign the TIL, RTC, Itemization of charges, DOT, and the Note. Some SS's wont stipulate that, but those are the docs I always have the non borrower sign..Hope this helps

Reply by Genkichan on 3/7/06 2:08pm
Msg #102870

Oh no! Not the NOTE!? You have the non-borrowing spouse sign the NOTE? Either that's a typo on your end, or I'd be surprised that you haven't run into any trouble! Who signs the note has nothing to do with community property.

Reply by Laura Upton on 3/7/06 2:17pm
Msg #102878

i thought i typed that unless the non borrowing spouses name is pre printed on the paperwork, i do NOT have them sign it. maybe i typed it wrong, but i always thought if their name was not printed, they did not sign. Who signs the note has nothing to do with comm. property. that was what i thought too.......

Reply by Roger_OH on 3/7/06 2:21pm
Msg #102883

It does go with the territory of being an NSA to know what your state's spousal/homestead/dower rights are. For most, the non-borrowing spouse signs the RTC, TIL, mortgage/riders, and occasionally a few others determined by lender. It frequently happens that the non-obligor's name is not on the docs; as soon as you know the borrower is married, the companies expect you to know the non-obligor has to sign, even if not printed on the docs.

Reply by Shane_OH on 3/7/06 2:31pm
Msg #102896

Of course...

This does not always mean the lender or loan officer tells the person that their spouse will need to be there to sign as well. hehe

I love it when you get to a signing, find out the person is married, but the non bwring spouse is still at work.... In these situations, I first make arrangements to get the spouse to sign, then contact the tc/ss/lender and let them know the situation.

Most of the time they are accomodating to adding an additional fee for the signing in two locations. Just my observations.

Reply by LarryTN on 3/7/06 2:26pm
Msg #102888

You're absolutely right Genkichan...My mistake...the non borrowing spouse does not sign the note, but there's still one more document (I can't remember which) that they must sign in my state.

Reply by cmd_NH on 3/7/06 2:33pm
Msg #102899

Re: Laura...

NH is NOT a community property state. But NH is subject to Homestead rights (Spousal /aka/Dower State). I believe that if the couple is married/or divorced and both names are still on Title(Deed) for the property then the non-borrowing spouse does need to sign the Mortgage, TIL, RTC, the HUD and the Sig. Aff. As far as I know that's it.

I am not an attorney, but I did speak with an attorney on this subject recently.