Posted by Notary_OH on 7/20/07 3:00pm
Msg #201041

Question about non-signing person

Please help. This may sound complicated but here goes:

Borrower is Joe.
Non borrower--also on title to the property--is Tom. Tom is Joe's step-father.
Tom the non borrower's wife is Jane. Jane is not on title. Neither is she Joe's step-mother.

Does Jane need to sign the spousal docs, mortgage, RTC, anything, etc.?

I'm in Ohio.

Reply by Linda Spanski on 7/20/07 3:02pm
Msg #201042

why not ask the entity who hired you? n/m

Reply by Notary_OH on 7/20/07 3:07pm
Msg #201043

Re: why not ask the entity who hired you?

Borrower had the docs. I did not see them prior to apointment.
Signing was at 6:00 am, nobody available at that time at TC or SS.

Reply by Todd/OH on 7/20/07 3:40pm
Msg #201048

I'll give this a try, assuming a spouse must sign. The borrower must sign everything (duh) while all others in title must sign the mtg, RTC, TIL, etc. If anyone on the title is married, they must sign the same docs. I say everybody signs. Lots of paper going this way and that.

CYA

Reply by Stamper_WI on 7/20/07 3:53pm
Msg #201052

Not A Lawyer

But I would go with what the doc's say as far as who signs. You have to be careful of UPL in situations like this. This also may or may not be a homestead for the borrower. I do not know if Ohio is a dowager state.

Reply by jba/fl on 7/21/07 4:53am
Msg #201086

"I do not know if Ohio is a dowager state."

It might be full of dowagers. From Merriam Webster online dictionary:

"dowager
One entry found for dowager.


Main Entry: dow·a·ger
Pronunciation: 'dau-i-j&r
Function: noun
Etymology: Middle French douagiere, from douage dower, from douer to endow -- more at ENDOW
1 : a widow holding property or a title from her deceased husband
2 : a dignified elderly woman "

Stamper-Wi, just an aside: this just hit my funny bone. No malice or poking fun at your expense intended. We are intended to be a knowledge-based forum, it's 5 am and we all love you and your postings. You know how you kind of know something, but never really looked it up to be certain, or find out how something started - you were my jumping off point this am to kick off my day for learning something new each day.

Reply by PAW on 7/20/07 4:47pm
Msg #201057

Not sure how it's handled in Ohio. This is definitely a question that needs to be answered by the title company.

Here in FL (not a community property state), which probably is not the same in many states, it really depends on how the property is being held and who is claiming homestead on the property, if anyone.

I'm guessing that Joe lives in the house (with his wife, if married), and Tom and Jane do not. If that's the case, Tom and Jane cannot claim homestead and Jane wouldn't need to sign anything because Joe's house would be considered a second home for Tom and Jane. Again, this is based on FL.

Reply by Stamper_WI on 7/20/07 8:39pm
Msg #201071

This is starting to sound like a word problem in math

Reply by PAW on 7/20/07 8:53pm
Msg #201072

Re: Question about non-signing person - LOL!

It sure is. (Now where did I put that slip-stick?)