Posted by barbartk on 11/10/10 4:19pm
Msg #360632

If wife is not on the docs?

Had a late closing and only husbands name was on docs. Wife was told she would be on the deed but her name was not on anything. I told them they could call the LO and TC but they said they would go ahead and sign but eventually she wanted to be on Deed. What would you have done? Go ahead and have just him sign and then have her call during the recission...? Or should I have not had them sign at all. They wanted to go ahead and sign...

Reply by Lee/AR on 11/10/10 4:32pm
Msg #360636

Your last sentence sums it up: They wanted to go ahead and sign...

Reply by CopperheadVA on 11/10/10 4:35pm
Msg #360638

I agree Lee. I would probably make an attempt to contact the TC from the table, but yes go ahead and have them sign, complete your job, and let them work it out with TC afterward.

Reply by CopperheadVA on 11/10/10 4:37pm
Msg #360639

Forgot to add that I would alert the TC to the issue when I submit my closing confirmation. Other than that, I would send signed/notarized docs back and collect my fee.

Reply by Jack/AL on 11/10/10 5:01pm
Msg #360643

That also depends on who is identified as the borrower(s)

If both are on the 1003 as borrowers, then I'd have both sign, after attempt to contact the signing service/title company, as others said. It one is a non-borrowing spouse (thus not on the application), there are certain documents they normally must sign, depending on your state. In mine, it's typically at least the Mortgage, RTC, Itemization of amounts financed, and perhaps one or two others. By all means, try to get directions from the signing service/title company first!

Reply by Les_CO on 11/10/10 5:02pm
Msg #360644

You don’t quite give us enough information for us to accurately comment. Was it a refi, or a purchase? Primary residence, vacation home, investment /rental property? Generally I believe NC is considered to be a spousal rights State, and if it’s their primary residence the non-borrowing spouse would need be on some of the documents. Were they recently married? What did the 1003 say? Did the borrower (husband) state that he was married? As others have said I would have done the signing, and made a note to Title, or let them know what the the wife had requested.

Reply by barbartk on 11/10/10 9:23pm
Msg #360687

It was a refi primary residence in VA only the Husband was on the 1003 his name was ONLY on the docs. She said lender was going to put her on the deed but it was not. Been married for 10 years. I had him sign and sent it to TC. I emailed the TC right afterwards and heard nothing until tonight. Apparently the wife called to see if she could be on the deed today. It was signed last night. Quess will just wait until tomorrow to see what to do about it.

Reply by Les_CO on 11/10/10 10:20pm
Msg #360705

I don’t believe VA is a community property, or a spousal State. I believe married people can own property together or separately. If the spouse (wife) is not on title than she does not need to sign any of the docs (depending on lender requirements) Sounds to like you did it right. If the wife wants to be on title the husband would probably have to quit claim to her…they should seek legal advice on how best to proceed. JMO

Reply by OR on 11/10/10 10:29pm
Msg #360708

Re: If wife is not on the docs? What I do

If you are talking about only the DOT and RTC TIL. I have a copy machine in the car and I make a copies. I need leagal copies I just use the Borrowers computer and access my email and print out the size I need. I have the borrowers sign both ways with and with out the wife. Then I know Title has what they need. I have never had to go back out. I carry legal size paper in your car just for that reason.

Reply by barbartk on 11/11/10 9:34am
Msg #360766

Re: If wife is not on the docs? What I do

What a great idea! I will keep that in mind. Probably wouldn't have worked then cause we were at starbucks, but I like that....