Posted by Ali/IL on 6/4/09 8:55pm
Msg #291195

For Illinois agents

I had a closing which was a va owner occupied. Borrower was married. The loan officer insisted that the spouse didn't have to sign the legals.
I said that I was sure that he did have to. I called the title company and, was told to add the spouse to the legal docs.

I get confused sometimes as to if spouse should sign legals if they are not on title.

Reply by Pat/IL on 6/4/09 9:21pm
Msg #291199

If, as you say, the property is owner-occupied (homestead property) then the spouse has homestead rights. The (non-borrowing, non-titled) spouse needs to sign the mortgage to waive the homestead rights. As for as the RTC and TIL, the same rules would appply to a VA loan as any other.

Reply by Kay/IL on 6/4/09 9:51pm
Msg #291205

Here's a rule of thumb of what must be signed when you come across a loan with a non-borrowing spouse:

Think TRIM

T- Truth in Lending
R- Right to Cancel
I- Itemization of Amount Financed
M- Mortgage

Those are the 4 documents that MUST be signed by a non-borrowing spouse whenever you come across that situation.

Reply by Ali/IL on 6/4/09 10:10pm
Msg #291208

That's a good one I will keep it in mind.

I had the loan officer standing there and saying no the spouse doesn't have to sign the legal docs.It is not required in Illinois. I was surprised because this is a loan officer that I know is good.

When I first questioned him about the spouse he acted nervous like maybe he purposely kept him out.

Reply by Ali/IL on 6/4/09 10:34pm
Msg #291210

Another question

When a spouse is not disclosed and you believe that there is a spouse do you suggest to them that the spouse has to sign legal docs? Would that be overstepping your bounds?

I had one where two brothers had wives and didn't tell anyone. I was asked to go back and have the wives sign.They didn't want to pay for a second trip.

Reply by Pat/IL on 6/5/09 9:56am
Msg #291292

Re: Another question

Ali, if the wives occupied the property as their primary residence, they would need to sign.

Reply by Kay/IL on 6/5/09 12:59pm
Msg #291324

More Information

Illinois IS a SPOUSAL STATE. As long as the non-borrowing spouse has homestead rights with the property in question, in addition to the TIL, RTC, Itemization and Mtg, the non-borrowing spouse also signs the HUD, owners affidavit and title documents.

Reply by Pat/IL on 6/5/09 1:20pm
Msg #291326

Re: More Information

That's not correct, Kay. The spouse would only sign the title affidavits if (s)he holds title to the property (check with the title agent). The non-borrowing spouse normally does not need to sign the HUD unless at lender's request.

Reply by Cari on 6/5/09 5:04pm
Msg #291395

agree with you Kay... n/m

Reply by BrendaTx on 6/5/09 7:22am
Msg #291232

Re: For Illinois agents - I've asked this Question before...

never got an answer, exactly.

Is there *any* state where the borrower's spouse does not have to sign the DoT/mortgage, RTC and TIL when it is a loan on primary homestead?

Reply by Bob_Chicago on 6/5/09 7:41am
Msg #291235

Each state's laws determine IF a spouse has an....

interest in a parcel of real estate where one spouse is in
title and the other is not.
If state law dictates that the NBS has an interest in the property then
the NBS must evidence there intent to let their interest in the property be
subject to the lien of the loan made to the BS.
This intent can be evidenced by the NBS signing the mortgage or a separate
insturment consenting to the lien
Federal law dictates that any party with an interest in the property must be
given 2 copies of a RTC and and a TIL, to commence their 3 day RTC.
Not legal advice yada yada.

Reply by BrendaTx on 6/5/09 8:10am
Msg #291249

Right, Bob...but

*If state law dictates that the NBS has an interest in the property then
the NBS must evidence there intent to let their interest in the property be
subject to the lien of the loan made to the BS.*

Just once I'd love to see someone say "NO. That's not required in my state." Until I see it I'll figure that it's pretty much an across the board given.

Reply by Linda_H/FL on 6/5/09 8:23am
Msg #291255

Re: Right, Bob...but...Brenda...

Up until 3 years ago when I left, CT didn't require it - one spouse owned, one spouse signed...

Not sure if that's changed since I left.

Reply by BrendaTx on 6/5/09 8:29am
Msg #291257

Thanks, Linda...that's what I'm talking about! :) n/m

Reply by MikeC/NY on 6/5/09 12:14pm
Msg #291315

Re: Right, Bob...but...Brenda...

Works the same way in NY, as far as I know - if one spouse owns, only that spouse signs. I've been on a number of signings where only one spouse had an interest in the property, and it was the primary residence.

Reply by PAW on 6/5/09 1:49pm
Msg #291332

In FL, depends ...

FL is not a community property state. FL is a homestead state, but not all primary residences qualify for homestead. Therefore, a husband and wife can have a primary residence that is not homestead protected and if only one spouse is on title, then only that spouse needs to sign the docs if they are the only ones obligated. However, there has been case law and by probate law, wherein the spouse, though not on title and property not homesteaded, is deemed to have the right to the property in the case of the death of the other spouse. Florida's probate laws are very strict in that regard.