Posted by jba/fl on 10/7/09 8:41am
Msg #306448
Just venting
Called to confirm, woman answers. Ask for Mr. X, she asks if about loan, says she is wife. So I continue with my spiel. She says she will be there, but doesn't have to sign anything. I inform her that FL is spousal state, etc., and she further states she has never had to sign anything before. So I'm thinking, the LO can just inform her, do his job prior to me getting there. Don't want to argue or belabor the point with her. Then get to the part of confirming signing address - no, that's changed as he is at work. Give me address? No - I don't know it, says she. But she gives me hubby's cell phone #.
So I call him - telling him wife gave me number, confirming, no docs yet, etc. Mention wife must be there for signing some things - again, no, she's not on the paperwork. This time I inform him of certain paperwork that must be signed by spouse, to which he responds she never had to do before. Now, I'm wondering, who has been doing these things for them in the past? Perhaps they just got married and that's why never done before. Lo and behold, he says the magic words: they are "kind of married".
Now I've got somerthing here - but what? So I ask: Are you married or not? Legally, in the eyes of the state?
"No, but..."
Me: so if I look on your loan application, it will say single?
BO: yes.
WTH - like I am a total stranger. I have just violated the privacy act by talking with her. The LO has done all app. process with her, so he has violated this as well. Don't know about TC though, and I don't want to know either. What do I care if they are married, shacking up or have any other type of arrangement? Why can't they just be honest? And they tell all their friends, acquaintances that they are married.
Now I further wonder - will this keep him from ever asking her to marry since he now knows she will get 1/2? Will she push for marriage knowing she will get half? What impact will these lies have on other areas of their relationships when these lies surface? And in this day and age, why all the lies and secrecy about something so mundane?
Thands for the vent - this has just been bugging me all morning.
| Reply by Cari on 10/7/09 9:11am
Msg #306450
good vent... and IMHO...the woman is an idiot...
I would've been pushing marriage for sure. Sorry your AM had to start out so "interesting", but I'm sure it'll get better! 
| Reply by John Schenk on 10/7/09 9:45am
Msg #306455
Just a sign of slow times "venting." LOL n/m
| Reply by Maureen_nh on 10/7/09 10:02am
Msg #306460
Depending on the laws of your state, if they present themselves as married, they may be after a period of time by law.
We have a funny one here. If you have presented yourself as married and one of you dies you are considered to have been married for SS and inheritance purposes but not while you are alive.
| Reply by PAW on 10/7/09 12:18pm
Msg #306472
Florida does not have "common law" marriages
Florida doesn't have a common law marriage, however Florida does recognize common law marriages that occurred in other states.
| Reply by PAW on 10/7/09 12:15pm
Msg #306471
This is a prime example why not to discuss anything over the phone except with the person on the order. And then, only to confirm the appointment and cover ID and witness issues.
As for a wife needing to sign documents because it's Florida is not a good reason. Florida is not a community property state. So, unless the home is protected by the Homestead Act, a spouse may not need to sign anything.
| Reply by Jones - Chelley on 10/7/09 2:44pm
Msg #306494
A good way to avoid trouble
When you accept a closing...ask who is on the loan...and who is on the title...full names...then, when you make your call to confirm, you will know who you are able to speak with.
| Reply by Linda_H/FL on 10/7/09 3:02pm
Msg #306497
Re: A good way to avoid trouble
Good point but most times the companies don't know....I have one for tomorrow - a purchase/sale - has one borrower's name on confirmation - talk to purchaser - he and another lady are buying property.....both on loan and title.....
Will straighten that out later - I was told 2:00 - buyer is livid - they were told 10:00am and no one is available for 2:00, including the seller.....yeesh
| Reply by Jones - Chelley on 10/7/09 3:10pm
Msg #306500
Gotta love it
I couldn't even imagine the frustration you all feel when you have to take the heat for the communication not happening. LO's are so good for that...lol!
| Reply by ReneeK_MI on 10/7/09 6:21pm
Msg #306533
Question ...could she have Homestead Rights?
Please don't make me look it up =(
Also echo Paul's advice - I never, ever but NEVER discuss anything on the phone or leave anything on a v/m. On v/m I will say "confirming an appt. at 6:00 ..." but I don't say for what. If I'm actually talking to them and they ask me a question, I tell them "to protect YOUR private information, I really can't discuss this until I can confirm in person whom I'm speaking with." Never does anyone find that annoying. (Way too many hugely boring privacy seminars drilled into my sub-conscious - and it always felt like they used a dentist's drill, but it did sink in)
| Reply by LKT/CA on 10/7/09 8:28pm
Msg #306569
Re: Question ...could she have Homestead Rights?
<<<Also echo Paul's advice - I never, ever but NEVER discuss anything on the phone or leave anything on a v/m. On v/m I will say "confirming an appt. at 6:00 ..." but I don't say for what.>>>
This is what I do and so far, it's worked prettty good.
Two or three days before the appt date I will call to confirm the appt and if I get VM I will identify myself: Hello, this message is for Ms. Minnie Mouse. This is [me], I'm a Notary Public and I'm calling to confirm our appointment for Saturday, April 11th at 2pm, please give me a call back at [cell #].
No return call.
2nd call, between 7-8pm the night before the appt: Hello, this message is for Ms. Minnie Mouse. This is [me], I'm a Notary Public and I'm calling to confirm our appointment for Saturday, April 11th at 2pm, I would like to verify that I have your correct address." Please give me a call back at [cell #].
Again, no return call.
3 hours before the appt: Hello, this message is for Ms. Minnie Mouse. This is [me], I'm a Notary Public and for our appt tomorrow, April 11th at 2pm, I have your address as 9876 Main Street, Noodletown. Please have a copy of your ID ready to return with the documents. I will see you at 2pm. If you have any questions, my # is........ See you soon.
If after my 2nd call, they don't call back, on the third and FINAL call I will let them know on VM what to have ready at the appointment, with the exception of funds due. Since I know funds can be wired if they don't have the cashier's check ready, I do not reveal that on vm. If the appt is in the early morning, the previous evening call is the final call. Then, I show up on the borrower's doorstep at the address, day and time on the confirmation.
The one's that don't return any calls are still ready and waiting for me, with the ID photocopy and whatever else I needed for the appt. So far, so good.
| Reply by PAW on 10/8/09 7:59am
Msg #306603
Not for us to determine.
Whether or not a property is protected under the Homestead Act, in Florida, is not for a notary signing agent to determine. That's title's job. However, in Florida, with the ease of access to the public records, it's not too difficult to determine whether or not the property is Homestead exempt and who is on title. The online databases are usually pretty up-to-date and easily searched via the internet.
| Reply by CF on 10/8/09 8:26am
Msg #306607
Re: Not for us to determine.
I am seriously LMAO over this post about how confirming a closing needs to be a stealth operation. I have way more things to be concerned with....and I really have NO need to make myself feel this important about my job.
| Reply by ReneeK_MI on 10/8/09 9:57am
Msg #306623
Miss CF - happy to provide you with a good laugh ...
and I do hope you never have to have this laugh out of the other side of your mouth, as they say.
| Reply by ReneeK_MI on 10/8/09 9:49am
Msg #306619
Paul ...was only curious, def know not our job =) n/m
| Reply by PAW on 10/8/09 10:17am
Msg #306630
Re: Renee ... just stating the obvious
(which may not be so obvious to some)
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