Posted by L.G (Buc) Alboucq on 8/13/09 1:44pm
Msg #299790

non-borrowing spouse

Which documents require a non-borrowing spouses signatue? And are these document referred to as critical, compliance, or security documents?
In addition to this, what do you do if the spouses married name is on the DOT but she never changed her maiden name to her married name and therefore, has do ID in the married name?

Reply by PAW on 8/13/09 1:50pm
Msg #299793

Please utilize the orange search button. These questions have been asked/answered often.

Reply by L.G (Buc) Alboucq on 8/13/09 1:55pm
Msg #299795

I am sorry but the question is - the spouse did not take her husband's name and has no ID with her married name on it. The document state her married name not her maiden name.

Reply by Keystone_SA on 8/13/09 2:04pm
Msg #299797

sounds to me like the way they have it typed is not her name. I would ask the title company or ss how they want you to handle this. I, personally, wouldn't have someone sign a document unless I saw proof of that name on their ID. How are you supposed to notarize a document stating that "married" name has appeared before you, when, indeed, she hasn't? JMHO

Reply by John/CT on 8/13/09 2:05pm
Msg #299798

If you don't already have a "walk around" this issue, then you need to go back to the entity that engaged you for the answer ... as well as following your own State's notary laws/regs.

Reply by PAW on 8/13/09 2:09pm
Msg #299801

What does your state say about IDing an individual? Some states are pretty lax in the requirements and others are very strict.

If the spouse kept her maiden name (usually for professional reasons), then the lender and/or title company may need to work it out. I've only run across this once (not for a loan signing), where the spouse kept and continues to use her maiden name. In that case, the attorney redrew the documents to show his name (John Q, Smith) and her name (Jane R. Jones). The attorney also included a marriage affidavit showing both names and their testimony that they are indeed married.

Reply by hp/MD on 8/13/09 2:03pm
Msg #299796

Please write these down. The Non-Borrowing spouse has to sign 1. Right To Cancel 2. Deed of Trust and all the Riders 3. Itemization of amount financed 4. Truth in Lending 5. signature Name Affidavit And anything the is titled AFFIDAVIT. I hope this will help you.

Reply by PA_Notary_II on 8/13/09 2:20pm
Msg #299808

Sounds like a question that would be asked on a test. Is it?

Reply by Bob_Chicago on 8/13/09 2:26pm
Msg #299811

Don't necessarily agree. Each lender and title co

has their own rqmts as to which dox a NBS needs to sign.
Agree as to mrtg, riders, rtc, til and itemization.
Another factor is if NBS is on title or is only signing off as a NBS who
is NOT on title.
Affidavits are for many different purposes, and not all may be applicable, proper
or required for a NBS.
Some affs are related to actual ownership of the PIQ. NBS is not an "owner" as
such unless they are actually named as a grantee on a deed.
Best advice to to check with hiring entity.
Not legal advice yada ,yada

Reply by JanetK_CA on 8/13/09 2:50pm
Msg #299826

Again, I agree with Bob

I don't believe there is any hard and fast rule - except maybe within certain states - about how to answer the NBS issue, and I've also seen lots of variance from one lender to another.

I did a refi this week for a married retired attorney. The property is his "sole and separate", and a deed had been filed previously to establish that fact. In this case, there was correctly nothing his wife needed to sign. Perfectly legal in CA. Also, I find it very common these days, especially with younger women, to see them keep their maiden names. I'd be wondering how her so-called married name ever got on title to begin with.

Reply by sue_pa on 8/13/09 2:38pm
Msg #299821

wrong, wrong, wrong n/m

Reply by Linda_H/FL on 8/13/09 2:06pm
Msg #299799

Call your hiring party...whether SS or TC...

pose your questions to them and let them tell you what they want the NOBS to sign in accordance with your state's requirements.

Refer to your notary handbook for help with the married name/previous name/ID issue...

Reply by sue_pa on 8/13/09 2:30pm
Msg #299815

come on, Pat

How many times have you asked these same questions? Once, ten times?

Reply by BrendaTx on 8/13/09 2:58pm
Msg #299828

Re: come on, Pat --- I know, I know!!!

Do Pat/Bud ask these same questions each time they take a signing agent test???!

Reply by L.G (Buc) Alboucq on 8/13/09 3:04pm
Msg #299830

Re: come on, Pat --- I know, I know!!!

This is not a signing agent test???!!!and my name is not Bud

This is a real situation where the SS wants the docs signed and the name on the documents are not the same as the signer- i.e. married women who has never taken her husband's name.

Reply by Bob_Chicago on 8/13/09 3:31pm
Msg #299835

Sounds like your NBS is not on the title , and that

the doc preparer just guessed that her last name was the same as
husband's.
As most have said , check with the folks that hired you.
Also, of course, need to comply with your state's NP laws as
to ID ing a signer.
These are of course issues that should have been resolved during
loan processing, but frequently are not.
Just another day in the life of a NSA.
Hey, if were ez , then anyone could do it, and we wouldn't make the
big bucks.

Reply by L.G (Buc) Alboucq on 8/13/09 3:40pm
Msg #299836

Re: Sounds like your NBS is not on the title , and that

Thanks.
Looks to me like they should just redraw the documents with the correct names or forget her entirely,.

Reply by CH2inCA on 8/13/09 3:46pm
Msg #299837

Re: Sounds like your NBS is not on the title , and that

I don't supose they can 'forget about her entirely" because WA is a community property state.

I had a similar situation, id was a residence card; not the correct name, just married, and the SS said the job was just a simple 'quit claim deed' turned out to be a whole loan package, and "incidently" said the borrower, "the City of " " will need these to they said you'd notarize them and send them in for us."

huh?