Posted by YumaAgent on 4/14/09 12:44am
Msg #284806

Non-borrowing spouse docs

There are many threads in NR with explanation of the type of document(s) executed by non-borrowing spouse i.e., NRTC, TIL, Mortgage/Deed, etc. However, with this particular signing and per title instructions, if any issues arose, we are to contact title for clarification. Behold, no one is available, you leave a msg in hopes for someone to return your call during the signing, but an hour-and-a-half later, no one calls. The required docs, as listed above, does not have NBS name printed. What do you do? Help! All answers are greatly appreciated.

Reply by GA/Atty on 4/14/09 1:00am
Msg #284808

If the non-borrowing spouse is on title, then the NBS

should sign.

In some states, even if the NBS is not on title, they still have to sign.

I would ask an AZ signing agent.

Reply by Dinah Chambers on 4/14/09 1:06am
Msg #284812

Re: If the non-borrowing spouse is on title, then the NBS

Deed indicate ...as married person as her sole and separate property. BO mentioned, in a previous refi about 3 yrs ago, NBS executed PIQ by Grant Deed or QC. But, thanks for your info. Hope someone in AZ answers.

Reply by GA/Atty on 4/14/09 1:08am
Msg #284813

Then I think she probably does not have to sign. n/m

Reply by Kathryn Riley on 4/14/09 1:01am
Msg #284809

There is usually a page in the ones I have signed with all the docs that the non-signing spouse has to sign. I have found they vary. Some are all the same, but some require more than others. I have had to go back and get something signed that was not on the list. Aggravating. Should be standard. Of course al mortgages should be, ore or ess stanard, but we all know they aren't.

Reply by YumaAgent on 4/14/09 1:20am
Msg #284815

Most CW docs I've done, if NBS exist, has a doc indicating

NBS to sign with a certification by the BO. This loan pkg did not include that--which would kind of hint (to me that is) to have NBS execute at least a TIL and the NRTC.

Reply by CaliNotary on 4/14/09 1:02am
Msg #284810

You wing it and do whatever you think is right, based on the laws of your state.

In CA it's not a legal requirement that the non borrowing spouse sign, so if their name ain't on the docs, I ain't having them sign. If they wanted em signed, they should have told me to do it in advance and they can pay me to go out and have it corrected.

Reply by YumaAgent on 4/14/09 1:09am
Msg #284814

My thoughts exactly! Thanks for saying that out loud :) n/m

Reply by Sylvia_FL on 4/14/09 6:40am
Msg #284825

Re: My thoughts exactly! Thanks for saying that out loud :)

Always ask the title company or SS, whoever hired you.
I was advised by the Florida counsel to the Florida Bar that if I have the NBS sign any docs where it wasn't indicated the NBS should sign, then I would be guilty of UPL as they are legal docs. I can't make that decision, I have to be guided by the title company/lender.

Also some companies only want a few of the docs signed by the NBS, some want some different ones signed as well as the obvious ones.

Reply by Carole Breckbill on 4/14/09 10:05am
Msg #284855

Re: My thoughts exactly! Thanks for saying that out loud :)

Problem with that is, if you are often required to get signatures of NBS even though their names are NOT on the docs - it's an error on the part of the Notary, according to the SS. Fortunately, most closing instructions specify the docs to be signed by NBS, but not always. And of course the SS does not take responsibility for anything, except in very rare cases.

Reply by Prosperity on 4/14/09 6:32am
Msg #284819

There is one document in Maryland that I get different answers for depending on the SS/Title Company. My solution is to print it twice (that document only). I have the borrower sign one & both parties sign the other. I figured the company can just discard the one they don't need.