Posted by jm on 4/25/09 10:55pm
Msg #286349

I need help, I have a question.....

regarding a QuitClaim Deed that needs to be signed by borrower and ex-wife of borrower. I had a signing that I did last night and the borrower or I was not informed by Lender/SS that the ex-wife needed to be at this signing therefore this doc didn't get signed by both of them. The ex-wife was out of town last night and just came back today and wants to meet with me to sign the QuitClaim Deed on Monday. I have never dealt with this kind of situation before. The SS stated that she had to sign this doc the same day. I need help understanding what I need to do? Thank you in advance for your input.

Reply by jba/fl on 4/25/09 11:07pm
Msg #286350

If she wasn't there, how can she sign this doc the same day? Do you have a way to turn back time? If you do, lots of physics instructors and rocket scientists would like your formula for if so, then you could get us into the future faster as well. People will pay big bucks for this...you do realize this?

BTW - I do have a beautiful piece of pristine land for sale. It is under water, but with the proper permits...wait, you can turn back time to before it was under water, before the Army Corps of Engineers mucked up FL with their many manipulations. Develop it quickly, sell, then get time re=established so that we all become older again. Or just leave us there so we can be forever youthful.

All kidding aside, I would go straight to TC for answer to this question. There is such a thing as split signings; this appears to qualify. Then again, maybe they will want the whole package resigned. Then again, they may have been watching "Rome" this week-end and will want your head on a platter.

JMHO

Reply by nolanotary on 4/25/09 11:25pm
Msg #286353

I have done may Quit Claim deeds and at least half of them were not executed by all parties on the same day. You just need to make sure you acknowledge each signature...on the correct date that each individual signs. The SS may say that it needs to executed by all on the same day so that funding is not delayed; however, if the individual that need to sign is not available, what else can you do???

Reply by MichiganAl on 4/26/09 12:12am
Msg #286354

I'd do what the signing service tells you to do

After all I'm certain they have your best interests at heart and would never ask you to do something illegal just to appease their client.

(tongue quite firmly in cheek)

Reply by Susan Fischer on 4/26/09 12:40am
Msg #286355

Sign ex and attach a loose cert. Her sig, actual date, and

be done. Can't backdate.

SS can't "demand" you notarize falsly. Ball's in another court. You did your job.

Reply by Ilene C. Seidel on 4/26/09 6:48am
Msg #286368

Perhaps you need to go over the loan docs when you receive them that way you know the requirements to close the loan. Then you could have called the Bo to tell them she needs to be present then you would have known the loan couldn't be signed until she was available and you could have called the title company asking for further instructions? I review all loan packages before appts. It goes smooth that way and takes less time in bo home and no dbl trips. I imagine the title co will want you to back date the deed because you didn't confirm she would be present. They will throw it in your lap.

Reply by BrendaTx on 4/26/09 7:05am
Msg #286374

Yep...it probably does need to be sign on a specific date, not the same date as the ex, but a date of or before the date of the note and deed of trust. They'll probably have to redraw the docs without that and put a new date on it.

This can be fixed to suit their purpose but you aren't the one who has to fix it.

If the document said something like, (paraphrased) "It doesn't matter what date this is signed and acknowledged, the effective date is April XX, 2009." ....then that might have covered for this problem. Otherwise, the pieces won't fit in their puzzle and they must figure out how to take the rough edges off.

When you see the word "ex-wife" you know that there is likely tension--bigger red flag than usual. I would not even consider for a scintilla of a second backdating or you will be in the middle of it. Agree to do it on the right day.

If the Ss balks tell them to pay you for your work and you are done.

Stuff like this happens all the time. It's not the end of the world IMHO. It just means more work for lender/doc prep. I'd be ticked if I were drawing lender docs but I'd do it, smile, and they probably would not even be charged for it. It's just inconvenience...and the SS looks bad.

Reply by PAW on 4/26/09 7:11am
Msg #286375

In real estate (and other matters), things may be made right ex post facto. It's pretty common to clear clouds on title well after the execution of other contracts. Obviously, if the cloud cannot be removed, the contract (loan) may be in jeopardy.

Reply by jm on 4/26/09 8:07am
Msg #286378

Thank you to those who replyed to my question! n/m