Posted by Collettte Brown on 1/18/07 12:34pm
Msg #171520

Docs that husband & wife should alway sign.

Hi does anyone know the 3 docs and a wife must sign even if she is not the docs. I know one is the cancellation but I am not sure of the other two. Is it the mortgage, note, or TIL?

If someone could let me know I would really appreciate it.

Collette

Reply by hcampersFL on 1/18/07 12:35pm
Msg #171521

Collette where are you located in Florida?

Reply by Collettte Brown on 1/18/07 2:16pm
Msg #171548

Sorry, I was away from my desk. Yes I am in Fl.

Reply by jojo_MN on 1/18/07 12:38pm
Msg #171524

Is this a test question?

Reply by hcampersFL on 1/18/07 12:39pm
Msg #171525

I'm sure it is on a test somewhere.

Reply by Leon_CO on 1/18/07 12:49pm
Msg #171528

** Is it the mortgage, note, or TIL? **

If the non-borrowing spouse is not on the docs, whatever you do, do NOT have her sign the note.

The best thing to do is check with the lender, since these requirements can vary depending on the types of affidavits that are in the package, etc.

Good luck.

Reply by sue_pa on 1/18/07 1:06pm
Msg #171531

remove the word 'always' from your question. There is no 'always signs' - even for the RTC - some don't get signed by anyone.

Reply by Larry/Ca on 1/18/07 1:30pm
Msg #171538

It is not easy to find....

definitive answers on this. State Notary Law obviously does not cover this and two courses I've taken for Loan Signing Agents did not cover this. I'm in California which has community property laws and spouse has a financial intererst seemingly requiring their signature on at least but not limited to the DOT, TIL, RTC. I suspect that this information is somewhere buried in procedures governing real estate transactions. While many have posted their understanding of these requirements, it would be nice if someone would post a link to where this is written in law or procedure. While it is the docs originators responsibility to get this right often the spouse is left off for very normal reasons, eg. property is vested as sole and separate property. A link to laws or procedures would certainly help many.

Larry

Reply by Lee/AR on 1/18/07 1:38pm
Msg #171540

The real simple answer is 'wherever it's typed on the docs'.

I've seen too many variations of this & guess it's more lender-specific than anything else. And, as someone pointed out earlier, there are some lenders who don't require the RTC be signed at all.

Reply by TRG_wy on 1/18/07 2:13pm
Msg #171547

Re: It is not easy to find....

My thought has always been it is really state specific. Community Property, Vested Interest, Homestead State ....

Here in Wyoming: Deed/Mortgage (vested interest if married), Itemization of Amount Financed, TIL, any riders to the Note - but not the Note if name not there or spouse income not calculated in to qualify for loan (see Loan App), RTC - sign or initial as required.

As required: Quitclaim Deed or Homestead Release.

Reply by Pam/MS on 1/18/07 2:16pm
Msg #171549

Re: Don't you mean any riders to the DOT? n/m

Reply by TRG_wy on 1/18/07 2:38pm
Msg #171556

Yes, Oooops Thx n/m

Reply by Collettte Brown on 1/18/07 2:20pm
Msg #171550

Re: It is not easy to find....

Thanks guys for all your help.