Posted by PJM/MI on 11/16/06 5:45am
Msg #160455

Closing for Property in another state

One of my students called me last night. He was at a closing where the property was located in Florida. The borrower was married, but wifey not on any of the docs.
The problem is: we are in Michigan & we know Mich. is a homestead state, but what about OTHER states? We are not a witness state, is FLorida? I was unable to answer his questions, because I am familiar with Michigan laws, but not the other 49.
To top it off, the ss didn't inform him property was in Florida and borrower states lo NEVER asked him if he was married. Docs went to borrower.
This entire scenerio wasn't good.
Any suggestions?

Reply by Teddog/CO on 11/16/06 6:00am
Msg #160460

I'll bet that PAW can help. He's in FL.

Gee! PJM you haven't memorized all 50 states laws by now! I'm shocked LOL

Reply by PJM/MI on 11/16/06 6:07am
Msg #160463

Re: I'll bet that PAW can help. He's in FL.

Im hoping he'll answer me. And aren't you the funny one this morning?

Reply by PAW on 11/16/06 8:03am
Msg #160486

Re: I'll bet that PAW can help. He's in FL.

Others have provided the answer. Who signs what is the call of the lender and/or title company as there may be something in works that you are not aware of. Typically, on primary residences, both spouses are to sign the mortgage, legals, and possibly some property related affidavits. But that's not always the case. Florida is not a community property state. The spouse has certain rights granted by the Homestead Act, but that doesn't mean that the non-borrowing spouse needs to sign anything. The Act provides the protection, regardless of how the documents are signed.

Since FL is not a community property state, one spouse can hold title singularly on property, especially with investment property and second homes.

I suggest that a notary signing agent should never ask the borrower point blank, if there is a spouse. However, during idle conversation, the topic may be broached. If you become aware that there is a spouse or other parties on title, I submit that a phone call to title (or whoever assigned you the assignment) should be made explaining the situation.

I did one just last night where an unmarried man bought a house three years ago. Two years ago he fell in love and QCD'd his unmarried girlfriend on to title. Last year they split. Now he is refinancing and to clear the cloud on title, the title company is trying to get another QCD executed removing the ex-girlfriend from title. So all the docs have been drawn with only his name in anticipation of executing a QCD to clear the cloud.

This whole issue came up when talking about title insurance. When I mentioned "clouds on title" he said there is a "big, black cloud on MY title!"

Reply by BobRogers_FL on 11/16/06 6:45am
Msg #160467

Florida is a spousal state and ordinarily the wife is requested to sign on the legals even if she is not on the loan if the property is the primary residence. The signing service or lender needs to make the call about getting wife's signature, as they are the ones who should know all the circumstances.

Reply by Joan_OH on 11/16/06 6:49am
Msg #160469

I did 2 Florida properties back to back last month with the same issue - both of them did not have the wife. Two different title companies told me (and a friend in FL) is the wife needs to sign if it is a "primary" residence. If it is a 2nd home, it is not necessary - just the title holders. So if the wife wasn't on title and the home was their vacation home or 2nd home, she wouldn't be on the docs.

Florida needs 2 witnesses for deeds, but not mortgages - although some title companies will ask for witnesses on Mortgages anyways. I figure if you got the witness there for a deed, slap their signature on the Mortgage too. No law against having witnesses where it is not required that I know of.

It is always best to ask title how they want it. We all know how many times they don't put the wife on the docs and she needs to be there. Even living in a dower state, I would have never added her on without talking to title.

Joan-OH

Reply by MistarellaFL on 11/16/06 7:29am
Msg #160478

Good advice from Bob and Joan n/m

Reply by BrendaTx on 11/16/06 7:31am
Msg #160480

This brings up an actually notary question from my own head

What states do not require the non-borrowing spouse to sign on the security docs?

No...this is not a test question. Just one I don't think I have ever seen answered.

Reply by Linda_H/FL on 11/16/06 1:16pm
Msg #160568

Re: Had similar issue the other night

Refinance of primary residence - husband on all docs - wife on none - I called closer to confirm this was correct - she checked with title and they said "she's not on title so she signs nothing"...Okay say I and off I went...