Posted by NJW/FL on 11/30/10 11:46am
Msg #363199

Florida notary question

I have handled loan signings for purchases and re-fis for many properties that are not the homestead of a married couple and the non-borrower or non-purchaser has never had to be involved on any of the documents. Today I rec'd a call from the title company stating that the spouse has to sign the mortgage for a property owned solely by his wife as she purchased it while unmarried and it is a rental property, not their homestead. She is going to put up a fight when they call her as she told me this property is for her children as she is in a second marriage. Any input on this that makes it a requirement in some cases????? The title company is calling her to let her know.

Reply by PAW on 11/30/10 11:59am
Msg #363201

It really depends on how the property is used. If it is rental property, then yes, it can be the sole property of one of the spouses. (FL is not a community property state.) If it is a second home, the spouse often must 'join' the other spouse on the property. It is called a "joinder". The husband in this case does not need to be named in the deed, it is usually sufficient that he executes (signs) and acknowledges it.

No matter, it is the title companies call as to which docs the spouse signs.

Reply by NJW/FL on 11/30/10 12:03pm
Msg #363202

Thanks so much for your response. That is what I needed to know. They know it was their mistake for not instructing me to have him sign and are paying me to go back out. I just like to understand when something is done differently than I have experienced.