Posted by Frank/NC on 7/30/10 12:32pm
Msg #347009
Deed Of Trust Issue
I had a closing a couple of days ago where the borrower (only one on the Note) requested that his father also sign the Deed of Trust. The borrower was married but his wife was not on the spousal docs. I added his wife to the spousal docs and also added his fathers name so that all three signed the TIL, RTC, DOT, Itemization and HUD.
Received a call today advising that the borrower's stepmother must also sign the Non-borrowing docs. The TC advised that as long as the borrower's father signed the non borrowing docs, that the borrower's stepmother must also sign them.
Sorry if this sounds like a Who's on first" but it's probably the only way to explain it.
What are your opinions or, for that matter, the law regarding this issue?
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Reply by Linda_H/FL on 7/30/10 12:38pm
Msg #347013
"the borrower (only one on the Note) requested that his father also sign the Deed of Trust"
"Received a call today advising that the borrower's stepmother must also sign the Non-borrowing docs. The TC advised that as long as the borrower's father signed the non borrowing docs, that the borrower's stepmother must also sign them"
HUH? Did they all live there??
Opinions don't matter in this instance...law does. Who's on title? What are the property laws in the state? How did the father and stepmother get an interest in the property? Was a Quit Claim done putting father on title? Why didn't borrower take this up with his LO prior to closing - you can't just have someone sign the DoT because the borrower says he wants it that way - most borrowers have no idea who's supposed to sign and who has a vested interest in the property.
IMO you should have halted signing immediately and called hiring party/title directly from table to see how to proceed...the signers do not call the shots when it comes to signing title/vesting documents - title company or lender does....
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Reply by Les_CO on 7/30/10 12:46pm
Msg #347015
I’m not a lawyer, and I don’t profess to know NC law, but I do have an opinion.
In some states (like SC) anyone not of title that signs the docs (spouse or not) will put a cloud on the title. I believe that NC is a spousal State and the spouse (on title or not) needs to sign the title docs.
As far as any other ‘relations’ I would not have done it, requested or not.
If you are not absolutely certain about any change in the documents...... don’t do it!
JMO
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Reply by PAW on 7/30/10 12:57pm
Msg #347016
Dower and curtesy have been abolished in North Carolina. N.C.G.S. Sec. 29-4. However, spouses must join in all conveyances because of the spouse's marital interest in property. N.C.G.S. Sec. 29-14.
North Carolina is not a community property state.
Article X Section 2 of the North Carolina Constitution provides for a homestead. Subsection 4 of Article X, Section 2, requires the deed made by a married owner of a homestead to have the signature and acknowledgment of his or her spouse.
(Source: Stewart Underwriter Manual)
Given the above, I would say that the title company was correct in having the step-mother also sign since the father (step-mother's spouse) was put on title. Same as the signer's wife must also sign the 'legals'.
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Reply by Les_CO on 7/30/10 1:06pm
Msg #347021
I guess I missed the part about the ‘farther’ being on title?
But if the farther was ‘put’ on title by virtue of his signing of the docs (after recording?) then I agree.
I still would not have taken upon myself to ‘add’ the farther to the title.
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Reply by PAW on 7/30/10 1:15pm
Msg #347023
'farther' ??
I didn't see that word in any posts, except yours. Am I missing something?
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Reply by Les_CO on 7/30/10 1:33pm
Msg #347029
Re: 'farther' ??
Yup! Glad you caught that! I meant so say “Father.” My apologies! Not only am I dyslexic, but I can’t spell, or type.
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Reply by PAW on 7/30/10 1:44pm
Msg #347033
oh key dough key
I kan't spell or tipe neither. 
Trouble is a lot of times the incorrectly spelled word is actually a correctly spelled word, but the meaning doesn't fit. Though sometimes it does fit. (Pardon an old man's rambling. Blame it on the meds!)
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Reply by Les_CO on 7/30/10 2:29pm
Msg #347036
Re: oh key dough key
Got it, and I agree.
I should have said “Dad.” Even dyslexics can spell dad.
Where can I get some of those meds?
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Reply by PAW on 7/30/10 2:30pm
Msg #347037
Canada n/m
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Reply by Les_CO on 7/30/10 2:39pm
Msg #347040
Re: Canada/ I was thinking of farther south. n/m
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Reply by Linda_H/FL on 7/30/10 1:11pm
Msg #347022
Unless a quit claim deed (or the NC equivalent) was signed, how is the father "put" on title? I didn't read that...the father signed the DoT because the son requested he sign.
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Reply by Bob_Chicago on 7/30/10 2:22pm
Msg #347034
Seems like having "farther" sign DOT , a "Right , title, and
interest question was raised. If (let's just call him "Dod ") signed DOT in error,
then, as stated, homestead law , seemed to require "Step Mam " also.
As has been stated, bad idea to add someone to legals, just because they ask. Son
probably thought that this would be an easy way to add his father to the title.
Of course, the way to actually add someone to title is a grant deed.
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Reply by MistarellaFL on 7/30/10 2:24pm
Msg #347035
And I thought farther was a female gas problem
I guess it is with a (hyphen) -
:0
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Reply by Les_CO on 7/30/10 2:48pm
Msg #347042
Re: And I thought farther was a female gas problem
Now that’s going farther than I would go, and any further discussion of my lacking abilities would take this thread even farther afield. At least there’s still some humor here…even without the hymen.
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Reply by Linda Juenger on 7/30/10 3:01pm
Msg #347047
LOL Too funny n/m
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Reply by jba/fl on 7/30/10 4:30pm
Msg #347058
did you read what you wrote? ROFL n/m
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Reply by Les_CO on 7/30/10 6:15pm
Msg #347065
Re: did you read what you wrote? ROFL
Sorry… these pesky words!
I always get confused, like when a married woman hyphenates her maiden and married names. I guess it denotes that she no longer has a hyphen, but her husband does?
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Reply by Les_CO on 7/30/10 6:31pm
Msg #347067
Re: did you read what you wrote? ROFL
PS: Does her maiden name come first? Maybe she keeps her hyphen, and the husband doesn’t get any?
Confusing.
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Reply by Les_CO on 7/30/10 7:59pm
Msg #347078
Re: did you read what you wrote? ROFL
I tried to answer your PM, but for some reason couldn't...so here goes in public:
I figured that since I’d already made a fool of myself with the “father’ post (that I didn’t proof read) I may as well continue..Misty’s post just gave me the opportunity .
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Reply by jba/fl on 7/30/10 8:09pm
Msg #347082
gotcha! Haven't got anyone blocked...huh. n/m
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Reply by JanetK_CA on 7/31/10 3:58am
Msg #347121
ROFL - thanks for the goof - and the guffaw! ;>) n/m
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Reply by parkerc/ME on 7/30/10 4:14pm
Msg #347056
Why would you take it upon yourself to add signatures? First action that should've been taken on the son's request was to call TC. To me, what you did was UPL, unless it was done at the direction of TC.
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Reply by LynnNC on 8/1/10 4:06pm
Msg #347247
I agree that it was UPL n/m
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