Posted by John Schenk on 11/20/09 3:59pm
Msg #311679

Lovely...I have a missing NBS.

She wasn't listed in any of the docs but on the Deed and Correction Agreement it had John Doe, A Married Individual. I see that and write them and ask if there is indeed a Ms. Doe as she has no RTC and not listed anywhere. They write me back and tell me just put her a line on the HUDS, TIL, RTCs, and Deed. Okay...that's kewl. I call the BO and leave him a message on his answering machine that I will also need his wife present to sign a few docs and will also need a copy of her drivers license. He just now calls me back and tells me that he IS, in fact, married but that he hasn't seen his wife in three (3) years and doesn't even know where she is. Well CHIT! I already drew lines in the places where she needed to sign and print her name. Waiting to hear back what they want to do now. Never had one like this before with a NBS totally MIA.

JJ

Reply by John Schenk on 11/20/09 4:07pm
Msg #311680

If you see my Ms. John Doe would you please send her home! L n/m

Reply by ChristineHI on 11/20/09 4:13pm
Msg #311681

Oh my gosh, John. That is so funny. I cannot believe they told you to alter the deed of trust too. Amazing. That is a new one I have never heard either. Not even knowing where your spouse is too....wow. :-) You always have the funniest stories, John.

Reply by Yoli/CA on 11/20/09 4:15pm
Msg #311682

Hope you don't run into her while you're hunting ...

Reply by dickb/wi on 11/20/09 5:32pm
Msg #311695

we don't have dot's here but mortgages [pretty much same thing].....i just added a line for wifes signature to nite on one where wife wasn;t named and had her sign ....we do that all the time in wi........with out wifes sig they can only foreclose 1/2 of the prop and the wife can prevent the sale of same.......

Reply by Linda_H/FL on 11/20/09 4:19pm
Msg #311683

LOL John..too funny....

Had similar situation some time ago - got assignment, just Mr....call to confirm, ask if married.."yep"...okay, we'll need her there to sign...."she ain't on the loan!"...I know but still some docs she needs to sign in Florida...."we been separated for 20 years...she in <southern FL city, don't recall>>...then he says

"This is MY property...ain't never had no woman on my property, don't want no woman on my property and won't PUT no woman on my property!!"

I knew then why they were separated - LOL...never did close that loan - don't know what ever happened with it....

Gotta love it!!

Reply by Bob_Chicago on 11/20/09 4:30pm
Msg #311686

did you say. "Well since I am of the female persuasion,

I guess that we will just have to meet at the nearest redneck bar. "

Reply by Bob_Chicago on 11/20/09 4:26pm
Msg #311684

Don;t know about TX (except cows and oil) But if she is

not on title, would not be a problem in many states.
If not the marital home, then she would not need to sign anything.
Not legal advice, yada yada.
If you haven't marked up bwr copies, just have him sign those.
It is, of course, TC's call if her sig is necessary.

Reply by John Schenk on 11/20/09 4:31pm
Msg #311687

Title and lender say NO GO...they said I could

go drinkin instead, so that's what I'm gonna do as soon as I get done meeting with my CPA. LOL

Reply by John Schenk on 11/20/09 4:38pm
Msg #311688

They're married...community property state...they want

her on there, period. Done deal, darnit.

JJ

Reply by John Schenk on 11/20/09 4:28pm
Msg #311685

As expected, this baby ain't closin! n/m

Reply by LKT/CA on 11/20/09 4:39pm
Msg #311689

Is It Just Me?

I suppose I am the odd woman out here. CA is a community property state. However, I NEVER ask people if they're married. I call the person on the confirmation to introduce myself and confirm the details of the signing. I look at the docs and if there's one name, then there's one name. I've had several signings where the NBS does not sign and THING - critical docs or otherwise - nothing - nada- ZILCH!!!. I do not get in a tizzy when I show up at a borrower's home and see a spouse there. If the TC screws up and does not include all parties to the transaction, then that's THEIR BAD!! I go back out for the resign.

Yes, I know some earn "brownie points" for alerting the TC to errors (or what they believe are errors) - wonderful and good for them! However, I am not paid to clean up the TC's mess...they need to pay attention and be more prudent in their processing. I do my job and expect others in the chain to do theirs. Brownie points have never given me more work - only doing a great job with the signing does.

Oh, did I mention that California is a COMMUNITY PROPERTY STATE?

Reply by Linda_H/FL on 11/20/09 5:05pm
Msg #311693

Re: Is It Just Me?...Lisa

Did you really read the original post? John noticed the DOT said "married"...no lines for wifey to sign...so he called title for advice...and they told him to add lines and have certain docs signed. Soooo, that's when he tells Mr. Borrower to have wife present with ID and the s*&% hit the fan.

Here, if I see "married" on the mortgage and no spouse's name anywhere, I'm going to question title about it too because I know what's necessary here. If you KNOW spouse should be signing some docs and docs don't reflect that, you don't call for clarification or to confirm this is what they want? I do...I certainly wouldn't look at the docs, see that and say "oh, jeez, lookee here...a married person and no place for spouse to sign...oh well, their loss" and just go on my merry oblivious way. I call title and make sure this is correct. It's not earning "brownie points" - it's being conscientious and doing your job well - and getting it right the first time.

MHO

Reply by LKT/CA on 11/20/09 7:32pm
Msg #311706

Re: Is It Just Me?...Lisa

I read the original post and this is what he said: <<<****She wasn't listed in any of the docs**** but on the Deed and Correction Agreement it had John Doe, A Married Individual.......Ms. Doe.......*****not listed anywhere*****.

Mrs. Doe not listed on ANY of the docs.....so why would there be a place for her to sign? I've (more than once) seen married borrowers take title as "John Doe, a SINGLE man". People have taken title as single (when married) or married (when single).....at least in CA they have and the loan funds and closes.

<<<........it's being conscientious and doing your job well - and getting it right the first time.>>>

That's the TC's job to "get it right" the first time.

Reply by Linda_H/FL on 11/20/09 7:56pm
Msg #311714

Well, we'll have to agree to disagree again Lisa

Yes, it's the title company's job to "get it right" the first time - but we're an extension of the title company and if we can catch an error and correct it, save a loan and a lot of headaches, I'll do it every time.

If I know or suspect something's not right I have no problem questioning the company about it ... we're all human and mistakes do happen - oversights, changes in the loan midstream, incorrect data input .. anything...especially at EOM... if I can do anything to ensure that the docs are right or errors are corrected ahead of time I'll do it -

Different strokes, I guess.

Reply by John Schenk on 11/20/09 8:09pm
Msg #311718

You HAVE to recognize BLATANT errors!

I've never read through a loan package in my life, and don't intend to. However, when I see one that has BLATANT errors in it...problems that make it absolutely clear in my mind that this loan will not close, we have a duty, I think, and as do YOU, Linda, that we have to point that out. If it's something hidden in there somewhere, I don't think twice about and sure as hell don't look for it. But, when that error is as blatant as this one was, I sure don't see how you can just turn your head and not request instruction on how to handle it.

The Deed/Mortgage told me the guy was married. When I see that, or any of us see that, we KNOW that it kicks in the normal docs for the NBS to sign...that she MUST sign in a community property state. Don't know jack about states that aren't community property states so certainly not commenting on that at all. Those of us that do signings in community property states KNOW the docs that have to be signed by a NBS. If they're not signed, the loan is not going to go through. When it's obvious that the lender docs and title docs are screwed up, you ask title or the SS how they want to proceed. I was fine with my instructions, until I found out the NBS was nowhere to be found. LOL Anyone worth a grain of salt would have done as I did today, IMHO, unless they just don't understand the concept of the importance of those NBS docs.

We're definitely on the same page, Linda. :-)

Reply by desktopfull on 11/20/09 6:53pm
Msg #311700

Your serious?

You see the mistakes and ignore them. No one can refer to you as a conscientious professional in this business if that's the case. Personally, I'm not going to waste my time trying to sign something that I know won't close and will get reduced to a printing and/or trip fee. Obviously you don't care one ounce about your clients and wasting everyones time and money. No wonder so many TC's believe that NSA's need handholding and can't think for themselves.

Reply by LKT/CA on 11/20/09 7:34pm
Msg #311707

Re: Your serious?

<<<Obviously you don't care one ounce about your clients and wasting everyones time and money. >>>

<violins playing.......YAWN!!!>

Reply by mwm143 on 11/20/09 7:45pm
Msg #311708

When the loan doesn't fund are you ok with reduced fee? n/m

Reply by mwm143 on 11/20/09 7:49pm
Msg #311709

Newbies take note. This would not be a great way to

advertise yourselves to all the TCs and Signing Services who regularly monitor this site. Well, actually it is a great way to advertise yourself if you don't want to be bothered with appointment calls.

Reply by LKT/CA on 11/20/09 8:13pm
Msg #311719

Yes, newbies take note!

When you hide behind your profile, you don't know what you're talking about.

Reply by mwm143 on 11/20/09 8:28pm
Msg #311726

LOL!! Very logical statement ... like all your others. n/m

Reply by LKT/CA on 11/20/09 9:33pm
Msg #311745

Re: LOL!! Very logical statement ... like all your others.

Once again mwm143....big talk and you hide behind your profile. Link your profile for all the world to see.....you have no credibility.

Reply by John Schenk on 11/20/09 7:57pm
Msg #311715

Re: Your serious?

"Your clients are important to me and I treat them with the highest level of respect, courtesy and professionalism."

Where is the professionalism if you're not at least scanning the docs for BLATANT errors? How professional is that? Play that violin.


JJ

Reply by LKT/CA on 11/20/09 8:14pm
Msg #311721

Re: Your serious?

Who said NOT to scan the docs for blatant errors?? Who said that? Certainly wasn't me!!

Reply by John Schenk on 11/20/09 7:54pm
Msg #311712

Couldn't agree more. n/m

Reply by John Schenk on 11/20/09 7:52pm
Msg #311710

Re: Is It Just Me?

This is a community property state too. As a SA I think I have some duty to inquire further when I see a Deed/Mortgage that states that John Doe, A married person, has a place to sign but Ms. Doe has no place to sign anything on the docs. I KNOW the error is fatal to the closing if I don't address it.

IF I had not noticed that until I got to the signing table, I would have had to make the call from the signing table, as anyone should, IMO. No, the NBS wouldn't have been there, and I would have gotten the story about her being gone for 3 years and the guy doesn't even know where is spouse is, and what would that have gotten me? A piddly fee for a closing gone bad with FASS. Now if I could have gotten a full fee for going out there and it cancels, I'd have to evaluate that when that comes up. That's not the case with FASS. I would most likely handle it identically for any set of docs that came in that way. I had no idea there was a NBS until the docs came in. The guy is named as a married person. I didn't tell him that I would also need a copy of the ID of his wife when I first spoke to him. My voice mail to him told him I did, in fact, need a copy of her ID and that she would have to sign some docs. That's when I learned the NBS was MIA. I don't move forward on something I know is going to be null and void on its face, unless they tell me that's what they want me to do. Why would I? I travel 25 miles and it falls apart and I end up with like 50 bucks with 300 pages of printing? Naw...not for me. I don't play that way. I pride myself in looking over docs when they come in and finding OBVIOUS mistakes. I don't pour through them and look for any crap that may be messed up, but OBVIOUS mistakes like this is different...or at least it is to ME, and I may be a minority on that...but that's okay.

IN DEFENSE of YOUR position, they're probably going to try to stiff my on the entire fee as the closing was canceled more than 2 hours before the scheduled closing time. Don't know that they'll try to do that, and if they did that would be really shitty, but it's in the contract that I have never signed. I would "think" that they would pay me some kind of fee, but don't know that I'll get anything at all. I could have waited until 5:01 p.m. and then made them aware of it and I would have at least guaranteed a print fee. The problem with that is that I had an appointment with my CPA at 4:30 and had to fix this before that appointment. We just got through at about 6:30, so that just wasn't an option for me. I had the docs printed, put lines for the MIA NBS to sign, and write her name under the siggy lines I put on there, and was ready to go...but did that before I knew she was MIA.

Each of us has to handle our business as we see fit. I handled this as a PROFESSIONAL SA, IMO, given my particular circumstances on this day. If they stiff me, I will handle it differently next time. I'll wait until less than 2 hours before the closing time and at least guarantee a print fee. That's probably my only mistake in this deal, but I WILL keep that in mind in the future if they stiff me.

Part of our fee is for printing docs. The other part of it is paid to us as Professionals, and basic notarial fees. I'm proud to be a Professional on the closings I do. Sorry you don't feel that way.

JJ

Reply by mwm143 on 11/20/09 7:55pm
Msg #311713

Hence the difference between a PRO and a NOVICE John. n/m

Reply by LKT/CA on 11/20/09 7:58pm
Msg #311716

Re: Hence the difference between a PRO and a NOVICE John.

Oh Puh-LEEZ !!! I see that the those with the biggest mouths and attitudes are the one's whose profiles are hidden....that includes you and desktopfull. ALL of the loans I sign FUND AND CLOSE.

Reveal your profile.....you have no credibility or point when you hide.

Reply by desktopfull on 11/20/09 9:10pm
Msg #311734

Re: Hence the difference between a PRO and a NOVICE John.

My profile has nothing to do with treating a client in a professional manner. And the first post stated clearly that this was a married individual and it was required to have the spouses signature.

Your callous response was "...I do not get in a tizzy when I show up at a borrower's home and see a spouse there. If the TC screws up and does not include all parties to the transaction, then that's THEIR BAD!! I go back out for the resign.

Yes, I know some earn "brownie points" for alerting the TC to errors (or what they believe are errors) - wonderful and good for them! However, I am not paid to clean up the TC's mess...they need to pay attention and be more prudent in their processing. "

This has nothing to do with asking a borrower if they are married and everything to do with not caring about wasting everybody's time and energy and getting more money out of the closing because you knew it was incorrect to begin with. I don't consider it "earning brownie points" to inform the TC of potential errors, thus saving time, money and effort. This is no different than going to a closing without the HUD, title docs, TIL, IAF, RTC or any other paper necessary to the closing, but given your attitude you probably wouldn't notify them of any missing docs either. I guess that would be "earning brownie points" if you informed the TC of that too.

Reply by LKT/CA on 11/20/09 9:39pm
Msg #311749

Re: Hence the difference between a PRO and a NOVICE John.

<<<My profile has nothing to do with treating a client in a professional manner. And the first post stated clearly that this was a married individual and it was required to have the spouses signature.>>>

When you hide behind a username and do not reveal yourself....you have no credibility. Link your profile....then your counterpoints are given merit. Otherwise, your blowing hot air.

<<<......about wasting everybody's time and energy and getting more money out of the closing because you knew it was incorrect to begin with. >>>

You've misinterpreted my statement and taken it totally out of context to mean what YOU wanted it to mean. Didn't bother to ask me for clarification. Just assumed!!! People tend to see others through the veil of their OWN character. I now question your sense of ethics and honesty.

Reply by desktopfull on 11/20/09 10:04pm
Msg #311752

Re: Hence the difference between a PRO and a NOVICE John.

The only questionable ethics & character in this thread are your own. I didn't take anything out of context, I posted your own words, maybe you should consider more carefully what you post. Spinning things around and blaming me for pointing out your lack of professionalism won't change anything. Again my profile has nothing to do with me pointing out your lack of professionalism. You have a great knack at behaving like the MSM, attack and blame someone else for your own mistakes.

Reply by LKT/CA on 11/21/09 3:19am
Msg #311766

Re: Hence the difference between a PRO and a NOVICE John.

<<<Spinning things around and blaming me for pointing out your lack of professionalism won't change anything.>>>

[buzzz buzzz] Wrong answer! You assumed....misinterpreted and totally took out of context what I wrote. You didn't point out a darn thing and again, big talk + hidden profile = hot air and no merit. I see you added nothing to the John's post by either agreement or a counterpost. You have a great knack for behaving like the MSM, lurking for posts to misinterpret and misconstrue then demanding that YOUR interpretation of a person's words means what YOU say it means. What you need to do is learn to read carefully and comprehend what is written and ask for clarification and then ACCEPT that what someone meant and what you thought someone meant are two entirely different things. No attack, no blame and no mistakes on my part.....what are you talking about?

I'm supposed to be unprofessional just because YOU say so? HA! By the way, my supposed "questionable character", "lack of ethics" and "unprofessionalism" gets me $150 and up per signing for error free work. Some borrowers become my general notary work customers. And what do you get per signing? $85? (If that!)

Hidden profile + big talk = hot air and non-opinions, PERIOD! And if any TC or SS (which I only work with those SSs that meet my fee, and that's about three at this point) monitoring this forum misreads, misinterprets and misconstrues my posts as YOU have, I wouldn't want their business anyway. Grow up and get a life. I won't take up any more forum space to respond to your silly posts.

Reply by LKT/CA on 11/20/09 8:08pm
Msg #311717

Re: Is It Just Me?

John, I never said you weren't professional nor did I say or infer that you should not have checked something out with the TC. What I DID say - which NO ONE caught, nor comprehended is that I do not call people...borrowers...to ask THEM if they are married. Many, when confirming the appointment ask the borrowers if they are married as part of the routine courtesy call. That actually is what I meant. No one caught that because they're too busy (except Linda) on their high horse trying to decide for me what I meant by what I said.

The TC should not stiff you because you made an inquiry - to the contrary. Because of my experience and the professionals I network with (30 yr. mortgage broker, esrow officers, etc), a married borrower taking title as "single" and vice versa - here in CA - is not a mistake. As I said earlier, NBS does not necessarily have to sign anything, which is why I'm not rushing to make phone calls to the TC to question it. If I see mistakes or inconsistencies, of course I make a call to the TC for clarification. It was wise that you did too.

Reply by Linda_H/FL on 11/20/09 8:13pm
Msg #311720

Can we all agree that the application of

Community Property State can be very state-specific? What it means in CA may be very different from its meaning and requirements in TX or any other state.

Reply by LKT/CA on 11/20/09 8:16pm
Msg #311723

Re: Can we all agree that the application of

Agreed!

Reply by John Schenk on 11/20/09 8:41pm
Msg #311728

Re: Can we all agree that the application of

Certainly. What may be right for me may not be right in CA or FL or anywhere else. I have to handle a situation as I need to handle it here in Texas. You each must do the same in your own respective states. The rules vary a bit, but the Community Property situation is pretty much basically the same though, isn't it? NBS is to sign the Deed/Mortgage, TIL, RTC, HUDS, addendums to Deed, 5206, sometimes the correction agreement, depending on the title and lender.

When the DOCS tell me there is a NBS, and there is no place set forth for her to sign, I go back to the TC or SS and tell them to give me clarification of what they want me to do, period. If the NBS is MIA, I tell them to go and try to find her! LOL

JJ

Reply by PAW on 11/21/09 7:30am
Msg #311777

That's the difference ...

CA and TX are community property states and as such, 99.9% of the time, a married signer would indicate a NoBS would need to sigh also. FL, on the other hand, in not a community property state, but a constitutional homestead state. When a mortgage or deed shows up, it must include the marital state of the grantee. Unless the property is homesteaded, the NoBS does not necessarily need to sign anything, since it's not community or homestead property, but the vesting would still need to show "John Doe, a married person". Sometimes you may see "John Doe, [a married person] joined by his wife" where the spouse would need to sign some particulars only because of the marital status and finances, but not necessarily for property ownership.

Given that, if a package came through stating "John Doe, a married person" (or similar wording) and there was no NoBS signature requirements, I too would question it with the title company. It could be that it is correct and accurate, or that it was an oversight in document preparation. At any rate, the potential issue (or non-issue) would be satisfied before sitting at the table looking foolish in a potentially awkward position. Just my two cents.

Reply by John Schenk on 11/20/09 8:23pm
Msg #311725

Re: Is It Just Me?

I think from the beginning of this thread I made it clear that the MORTGAGE/DEED stated on it "John Doe, A Married Person."

"JOHN DOE, A MARRIED PERSON."

I didn't call him when I saw that. I contacted title to see if 'JOHN DOE" was in fact "A MARRIED PERSON" so I would know how to proceed, as the docs did not reflect, otherwise, the existence of Ms. Doe, which they must if John Doe, is in fact, A MARRIED PERSON. I thought maybe they just messed up by putting that in there and we could line it an initial it, IF they told me they would allow it. Come to find out, John Doe was in fact a Married Person. THAT is when the shit hit the fan because once I knew John Doe was married, I had to call back to him and ask him to please have a copy of his wife's ID and let him know that she would have to be at the signing table to sign a few docs. That's when I learned she skipped a few years ago.

I don't ask borrowers if they are married as a part of my routine. Normally if there is a NBS they're still both listed on my confirmations...not always true, but usually. Docs come in, and I look at them to see if there's a NBS, or a wife that wasn't listed on the confirmation. If one of those conditions presents itself, I make a follow up call and say, NBS is listed, she will have to be there, and I will need a copy of her ID. No big deal, and something I'm going to have to have as it's required by the lender and/or title. If the wife/husband is a co-borrower and I'm not aware of him/her before I get the docs, I do the same thing.

You're right that I shouldn't be stiffed. I'll be really pissed if I am. Don't think that will happen, but haven't had this happen before as this one went down. We'll see, and I'll handle that as I feel appropriate.

JJ

Reply by LKT/CA on 11/20/09 8:52pm
Msg #311729

Re: Is It Just Me?

I know exactly what you said in your first post and it was not unclear to me what you wrote - John Doe, a married man, yet NBS not listed ANYWHERE". Believe me, I got it. My confirmations may or may not have NBS on it. Even if title is vested as "John Doe, a married man", the NBS may not be on any of the docs - not even the critical ones.

I have to remember that when I respond, I'm responding from a CA point of view and my personal experience. Oh, and congrats on those two $400 signings. I had a good one myself last Friday...purchase, 3 signers, $180....docs already printed by Broker - saved my paper and toner. I just picked docs up, got em signed and notarized and returned them the next morning. Signing took 1 hour total. Drive distance round trip...15 miles. Wish I had more signings like that and some like yours.

Reply by John Schenk on 11/20/09 9:14pm
Msg #311736

Re: Is It Just Me?

EXCELLENTE!!! Nice closings! CONGRATULATIONS!!! Everyone has to have a little gravy once in a while. Sometimes its a little far and in between, but it comes. WTG! :-)

Listen, I probably chime in sometimes when I shouldn't thinking, in my mind, that this is how it is here and should be everywhere, when it's not. I DO understand, and appreciate the input. Just shows how we all receive pretty much the same documents, yet they are NOT the same for each of us in our own venues.

I post on what I do, on individual situations. Doesn't mean that it's right for everybody..hell, it may not be right for a notary next door, but I usually feel pretty confident that what I do is right for ME, or I don't do it. I think that's all anyone can really do anyway, isn't it? We make judgment calls, and we do our best to be professionals. Sharing thoughts keeps that flow of information going, and I always appreciate that. I've handled some situations differently that what my first gut instinct was because of what I've read here, or somewhere else. Hell, I've been TOTALLY WRONG before, and admitted it, but was glad I didn't make a mistake. That's what it's all about, isn't it? Just to do an impeccable job. That's what makes us proud, and what makes us professionals.

I thank EACH of you for your input. YOU make me a better professional, and I am appreciative of your input.

God bless, Gotta pull my docs off the printers and fill in my stuff in advance for tomorrow, and see if there are any blatant errors in them, which I hope there are none. I've had enough of that for today. :-)

JJ

Reply by Rani Sampson on 11/21/09 3:43pm
Msg #311817

Re: Is It Just Me?

In community property states it only takes one spouse to bind the marital community. If he signs a loan, then she is also obligated to repay it. If they're selling property, though, the sale is only good if both spouses sign.

Also, a married person can purchase something as his separate property if he's using separate funds (like an inheritance).

It's the lender's job to get it right. If we interpret the situation for the borrowers, then we might be practicing law without a license.

Reply by LKT/CA on 11/21/09 9:40pm
Msg #311841

THANK YOU, RANI!...BINGO!!

<<<It's the lender's job to get it right. If we interpret the situation for the borrowers, then we might be practicing law without a license.>>>

Exactly one of my points!

Reply by John Schenk on 11/20/09 9:00pm
Msg #311731

TROLL...32 replies in this discussion

I must be a troll! LOL

This was a pretty unique situation. Actually very easy to handle when the NBS hasn't ran away and nowhere to be found. LOL I'm just the lucky one that gets chit like this sometimes, but keeps things interesting. Just glad I get others that still make it worth messin with this chit. LOL

I honestly DO enjoy doing the closings, or I wouldn't mess with it. It's not my primary source of income, but I take pride in doing this, and I strive to do the job with perfection each and every time. IF I did this as my full time profession, I'd probably be more anal than I am at trying to do my very best, although I don't know what else I would do insofar as getting them closed, and closed RIGHT. My profession demands that I be extremely attentive to details in every thing that I do, so this was an easy extension for me in going into doing these closings when I did. I TRULY respect the folks in our profession that want to excel in perfection, and not just go run and do something for the money when they know IT'S NOT GONNA WORK. That is professionalism, and you can read the posts of people here that are PROFESSIONALS, and I respect them.

If you're a newbie, strive to be a professional in your job. Learn from those with experience, as I do in reading posts each day. I learn something each and every day, and some of it I'd rather not learn first hand, but you will each, eventually, be confronted with a similar situation. Learn from what someone else did. Don't make that learning process your own. That's what posts on a forum like this are about.

God bless, all. May this be your best EOM you ever had, and I pray you all have a wonderful Thanksgiving!

JJ

Reply by BrendaTx on 11/20/09 9:12pm
Msg #311735

I'm just pleased that

some of the recent heated debates have happened...and that they are debated...and that they are happening without me involved.

Reply by John Schenk on 11/20/09 9:14pm
Msg #311738

Re: I'm just pleased that

Me too cause you get mean. LMAO J/K BRENDA!!!! LOL I'M TEASING!

JJ :-)

Reply by Notarysigner on 11/20/09 9:14pm
Msg #311737

Re: TROLL...32 replies in this discussion

When I have a situation like yours John (here in California) I do just as Lisa does. However, I do add,".... if your wife is not signing anything, a document called an inter-spousal Grant Deed must be signed by her if you want this loan to close. Sometimes, Title already has that document (that has been my experience) so I never get personal with questions, I just tell them what must be.

Things do get tricky however when you discover you are faced with a "stand-in", YES it's happened. Happy Thanksgiving everyone!

Reply by Linda_H/FL on 11/20/09 9:24pm
Msg #311740

Re: TROLL...32 replies in this discussion

"However, I do add,".... if your wife is not signing anything, a document called an inter-spousal Grant Deed must be signed by her if you want this loan to close"

Those words, here, would be UPL....and way beyond my authority as a notary/signing agent - and based on what I've read from some very experienced CA signing agents, it's UPL in CA too...The only thing that "must be" is their appearing before me, providing acceptable ID and signing the docs. Advice as to what's required to get a spouse out of signing is up to the lender/title company/escrow company....

MHO

Reply by JanetK_CA on 11/21/09 3:27am
Msg #311767

I agree, Linda

And yes, there is a definite difference from state to state. And notarysigner is correct that an Interspousal Transfer Deed can be used in CA for one party of a married couple to own the property "Sole and Separate". (I think I've also seen a Quit Claim appear to be used for this purpose, too.) Hopefully notarysigner says it differently to a borrower than what he posted. I would never presume to tell a borrower that anything "must be" handled in a certain way. I might mention to a borrower that it appears they have an issue to discuss with the escrow/closing agent, and if they ask, I might offer some possibilities, but typically I'd have them work through their broker or LO to get the issue resolved.

In my neck of the the woods, it's extremely common for property to be vested in the name of only one married person, so like Lisa, I never ask someone whether or not they're married. Being married in CA, doesn't automatically always mean a spouse will need to sign anything. (If vesting is "Sole and Separate", sometimes the spouse is there, sometimes not, and there is nothing they need to sign - assuming the title has already been recorded that way.) What I DO ask is if they are the only one on title and if anyone else will need to be there. And whenever possible, I do a quick scan of the docs in advance for any special deeds, etc. that require another person's signature.

I had a situation come up the day before for a signing yesterday, with a son who needed to sign one notarized doc. (Slightly different situation.) Fortunately, I inquired about it because it turned out that the son is in another state and title didn't know that. We would have figured it out at the signing and it would have been taken care of, but this way, I'm guessing they had a notary in the son's city get that signature the same day as we signed the rest of the package. At least they won't have a last minute scramble to take care of Monday or Tuesday, right at EOM!

Reply by John Schenk on 11/20/09 9:26pm
Msg #311741

Re: TROLL...32 replies in this discussion

It's different, and I understand that. Some things seem TOTALLY foreign to me that happen in other states, and I just can't believe that this is the way it is there, but it is, and that's just how it is, period. I have filed lawsuits in about half of the states in our nation, and I have to make myself aware of the differences in the law when I do that, and sometimes the differences are astounding, although basic law has quite a bit of uniformity, but procedure can be amazingly different in some respects, the latter of which can kick you in the azz if you don't get up to snuff on it (reason to hire local counsel in a venue you appear pro hoc vice as early as possible).

We all need to consider our posts when responding, and keep in mind that things ARE different in different venues. Maybe responding that...in CA, this is how it is, but I understand that in LA, this is how it is. There ARE definitely differences, but face time with the borrowers, and our dealings with the SS & TC's are gonna be pretty much the same.

This is a good forum, and proud to be a part of it. Good people here, that work in what can sometimes be a very stressful business with uniquely stressful situations.

Happy Thanksgiving to ALL!

JJ :-)

Reply by Linda_H/FL on 11/20/09 9:27pm
Msg #311742

41 replies now..and I ain't no troll!!...:) n/m

Reply by John Schenk on 11/20/09 9:32pm
Msg #311744

Troll. LMAO n/m

Reply by MW/VA on 11/20/09 9:38pm
Msg #311748

Re: Troll. LMAO

JJ, just what is it that you're smokin tonight?

Reply by John Schenk on 11/20/09 10:21pm
Msg #311758

Re: Troll. LMAO

LOL Well, I don't have access to notarize sigs for people getting medicinal marijuana, so it ain't that! LOL I guess I'm just smokin a happy life. Best year of my life. I hope I live to see many more like it.

My hat is off to all you guys/gals that do this for a living! It's a crazy biz. I guess that's what I like about it...the craziness.

JJ :-)- (That's not a joint hangin out of my mouth...it's a ciggy! LOL)