Posted by NCLisa on 9/15/08 2:16pm
Msg #264273

Affidavit of non-borrower & non-borrower signing

requirements certification have been in the last 3 CW closings that I've done. Basically they state that the non borrower would rather relinquish their rights in the property than sign the spousal documents.

The first closing I did, I sent the package back to the TC without those 2 docs signed, as non-borrower signed the spousal docs. CW told TC they wanted them signed no matter what. I explained to the TC that CW can't have it both ways, they can't have the borrower sign the spousal docs and relinquish their rights, and forcing them to relinquish their rights is a big NO NO. For the 2nd closing, the TC said that they were having the same problem all over the country, and not to worry about it.

Can't wait to see how this is resolved.

Reply by Lee/AR on 9/15/08 3:54pm
Msg #264279

They just seem to throw everything they've got into every package. Had one with same docs you speak of but both spouses were on the Note. I didn't get those non-b docs signed....just returned 'em blank. So far, no issues~~ Of course, I realize that I could still get an irate call.

Reply by MW/VA on 9/15/08 7:00pm
Msg #264294

I'd be a little careful about deciding what docs the borrowers sign or don't sign--they could site you for UPL. When I run across this sort of thing, I usually have them sign & attach a note saying that the doc is N/A.

Reply by John/CT on 9/16/08 8:05am
Msg #264329

Hmmmm ... doesn't that in itself look like UPL? Unless, of course, those were the instructions by the SS/TC.