Posted by Jill C. Denise on 3/30/10 11:27am
Msg #329565

Wifes name not on orginal Mortgage docs

so they want me to go back (she is not on original deed) and have her sign the original mortgage doc, with her husband and date it for the original date that I was there. No other docs need to be signed by her. I told them I would go back, but would not date it any other date than today. They said there loan would fall through if I didn't do this. I am already skeptical if I will be paid for either of the two trips I already made out there!

Reply by Philip Johnson on 3/30/10 11:35am
Msg #329568

What is that little inner voice inside you saying?

I would think it is saying Jill, do what you know is right and don't take anothers' error upon your shoulders. You know the answer, just do it and you'll be fine.

Reply by CopperheadVA on 3/30/10 11:46am
Msg #329569

First of all, you are correct that it would be illegal for you to date the notary certificate for any date other than today.

Second of all, they screwed up and are asking you to go back - are they asking you to go back for free?

Third, it's not your problem if the loan will fall through - of course it's unfortunate for the borrowers, but whether the loan falls through because you refuse to commit a crime is simply not your problem.

Reply by Jill C. Denise on 3/30/10 11:58am
Msg #329570

No, they asked me what I would charge to go back just for the mortgage, but then they asked me to pre date it. I said I would not. They said they will call me back (acted like I was being unreasonable) My inner voice never waivered for one minute. And if they put her name on the mortgage, won't she also need to sign the HUD, RTC, TIL, and any riders?

Reply by CopperheadVA on 3/30/10 12:15pm
Msg #329572

I would think she would need to sign Riders, TIL and RTC. It's the TC's call if she signs the HUD. Yeah, they always get in a huff when you won't commit fraud for them. Good for you - you did good!

Reply by PAW on 3/30/10 1:43pm
Msg #329609

Signatures would only be required on the riders to the mortgage, if any. The TIL and RTC notices only need to be provided to the homeowner/borrower. Typically, signatures are obtained to show proof that notification was given.

Reply by Doris_CO on 3/30/10 12:16pm
Msg #329573

Couldn't they put her name on the mortgage/dot with a quit claim deed?

Reply by PAW on 3/30/10 1:45pm
Msg #329610

No, a deed will only affect the title, not the lien and security instrument. Of course, a cloud will develop over the title that would need to be resolved.

Reply by Notarysigner on 3/30/10 12:18pm
Msg #329574

They will more than likely get another notary to go out for those few Docs (and pay a lot less). If they are a good SS they will pay you for your 'other work. I have had this happen both ways for me. One company paid me my full fee although I refused to go out and make their requested adjust and another SS didn't. Another reason to watch out for those liability agreements the SS ask you to sign. Hope it's a good SS!

Reply by Roger_OH on 3/30/10 12:30pm
Msg #329578

An ounce of prevention...

Anytime I have a married borrower whose spouse is not on the docs, I always call to confirm what the TC intent is. Often times in a non-borrowing spouse situation, the NBS is left off the docs, even though in most states he/she usually signs the MTG, TIL, RTC (if there is one), and title docs.

I realize it's not our responsibility to cover for the TC, but I view it as an extension of customer service. A phone call to the TC would have prevented this situation; the loan would've funded on time, you wouldn't have been asked to perform an illegal act, and you'd have had a better chance of being paid (and being called again).

JMHO, but I have found that going the extra mile often results in that gold star by your name for that next assignment.

Reply by Teresa/FL on 3/30/10 12:32pm
Msg #329581

Re: An ounce of prevention...

And that is the difference between a signing agent and just a notary...

Reply by Grammyzoom on 3/30/10 12:42pm
Msg #329587

Always the best is to verify first

I personally think that it is always a good idea to check your documents as soon as you get them to determine the marital status of the borrower. If married and the spouse is not listed on the documents we should call the SS or TC to find out if the ommission was intentional or if the spouses name needs to be added. Note your file as to who you spoke to and what they advised. It just saves a lot of trouble in the end and keeps the blame off of you if docs are wrong.

And good for you, you did the absolute right thing by not agreeing to back date!

Reply by CopperheadVA on 3/30/10 1:09pm
Msg #329598

Re: An ounce of prevention...

I have experienced many, many times here in VA where only the husband or only the wife is the owner of the property (usually the husband) and the spouse is not on title.

If the title docs come through with both names and the lender docs (specifically DOT, TIL, RTC) come through with only one name, then I call and ask and 99% of the time I am thanked for noticing and told to have the spouse sign the DOT, TIL, RTC. If there is only one name on all the docs, I do not call. It may be an issue in other states where a spouse may need to sign, but AFAIK it's not an issue in my state of VA. Oh, and I consider myself more than just a notary.

Reply by bob/IA on 3/30/10 7:12pm
Msg #329716

Re: An ounce of prevention...

Had the opposite problem last Friday. Wife was non borrowing spouse and they had her on every doc except the loan app. Of course it was late Friday night could not get a hold of TC or LO(even though we had his personal cell #). Ended up having her sign every place they had printed her name. Monday TC calls and wants a whole loan package re-signed with Fridays date on docs and notarization's, said no. Not going to risk my commission for their mistakes.

Reply by Philip Johnson on 3/30/10 12:33pm
Msg #329582

Who do you call at 7:00 PM PST in Virginia?

Also what if the person you talk to on the phone is wrong and you only have verbal instructions? Whose fault is it then? Sometimes that extra mile is only good for your step count that day and little else.

Reply by Sylvia_FL on 3/30/10 12:42pm
Msg #329588

Ghostbusters?? n/m

Reply by Philip Johnson on 3/30/10 12:45pm
Msg #329591

That would be Ray Parker Jr.

http://www.youtube.com/watch?v=g4uxIo4t7xM

Reply by Jill C. Denise on 3/30/10 12:34pm
Msg #329583

Re: An ounce of prevention...

I understand about the nonborrowing spouse, but I was told because her name was not on the deed, she would not be signing anything.

Reply by Philip Johnson on 3/30/10 12:35pm
Msg #329585

Told on the phone or in writing?

You did as instructed and now you are fast becoming the fall girl.