Posted by Michael Powers on 10/17/10 2:56pm
Msg #357108

marital rights state

hello.... Recently I signed up on two seperate signing companies site, and I was required to anwser a 10 question test. On each test, there was the same question, and I was stumped.
The question was discussing marital rights and non obligatory forms. Is California a marital rights state, and what are these non obligatory forms? thanx for the help

Reply by Stoli on 10/17/10 3:09pm
Msg #357109

Perhaps the domestic partnership forms. n/m

Reply by Shoshana/AZ on 10/17/10 3:20pm
Msg #357110

The non-obligor (spouse on DOT/Mortgage but not on the loan). They may vary but I have usually found that they must sign: DOT, All riders to the DOT, the RTC and perhaps some others.

Reply by Michael Powers on 10/17/10 3:24pm
Msg #357111

So.... is California a marital rights state?

Reply by James Dawson on 10/17/10 4:14pm
Msg #357112

Google it, I did. Or do just want someone to answer your question without you trying to find the answer yourself?

Reply by Michael Powers on 10/17/10 10:51pm
Msg #357121

James, I hope that you are not trying to imply that I have not researched this, or attempted to review my notary book and information to find the answer, but your response sounds very rude, and I did not think that I was going to get this type of behavior on this site. This makes me not want to ever place another question again. If I have misconstrued ur response, then I apologize. Simply, this was a last solution for resolution. I dont understand the bitterness in your response.

Reply by James Dawson on 10/18/10 9:56am
Msg #357152

Research is a very important tool in this business as a couple of posters have mentioned. Getting the information yourself (finding it, where it's located,etc.) will validate your correct answer.

You will see on this forum as I have, there are many, many different answers to the same question at times. I always think, aha, there are not only five answers but three are correct; now which is the best answer?.

My previous answer was correct, it just wasn't the best answer.

Never stop posting no matter what. The forum belongs to everyone, not just a few.

Reply by Shoshana/AZ on 10/17/10 4:49pm
Msg #357115

Michael, that is very fundamenta information.

You need to know that! As James said, Google it!

Reply by Michael Powers on 10/17/10 10:54pm
Msg #357122

Re: Michael, that is very fundamenta information.

Thank you Shoshana, I will google it. I am somewhat confused as to what this site is all about, now that I have received what appears to be such a rude response from James. I thought this was a forum to ask questions when needed, and now I feel like I am being told that I have done something unthinkable by asking a question that I simply could not previously find...thank you for ur response.

Reply by HisHughness on 10/17/10 11:42pm
Msg #357126

Re: Michael, that is very fundamenta information.

*** thought this was a forum to ask questions when needed***

This is not a site to train notaries in the fundamentals of their craft, or the basics of the venue in which they practice. You get that elsewhere. This is a site for professionals to exchange opinions and information, and to seek insights of other professionals.

Reply by HisHughness on 10/17/10 11:53pm
Msg #357127

Re: Michael, that is very fundamenta information.

I just realized how arrogant my previous post was.

I have neither the permission nor the authority to speak for the other participants of this forum, and I certainly don't have the right to speak for the operators of the forum as to what NotRot is supposed to be. So let me amend my comments to say that most of the regular posters on NotRot appear to prefer that it be treated as a forum for professionals to voice their opinions and exchange information, rather than to train neophyte notaries.

Sorry about overstepping my boundaries.

Reply by Les_CO on 10/18/10 4:43pm
Msg #357202

Re: marital rights state/ Yes n/m

Reply by Susan Fischer on 10/17/10 11:37pm
Msg #357124

Dear Mr. Powers: Your question was forthright, honest,

and sincere.

You presented it well.

The responses, well, not so much.

There is a history here, on NotRot, that dates back. It's a long, and winding road to travel, and, like any Saga, has it's baggage.

Michael, if I were you, I'd email Grammyzoom with your question. Such an open thing here on the board just creates mysterious barriers.

jmho.

Reply by ReneeK_MI on 10/18/10 7:27am
Msg #357134

Michael - it's always best to 'trust, but verify' even the information you read on these forums. While it was pointed out that this is "fundamental", there was a very fundamental part missing from that particular answer. My point - this is a complicated question & the correct/complete answer is both state-specific and equally complicated, there is no quick/easy way around learning all about it. =)

I highly recommend that you read these topics, which all relate to your question:

1. http://www.fdic.gov/regulations/laws/rules/6500-1400.html

The Truth-in-Lending Act (TILA): the actual Fed law regarding disclosure of the TIL & the RTC to all parties with an interest in title (i.e. non-borrowing spouses, or anyone ELSE with title interest)

2. http://mlshomequest.com/content/view/11/27/

Here's a good enough primer on the various title-vesting procedures in CA. It will give you an understanding of the back-bone of things, AND instill in you the appreciation that title interests hold complicated & important legal consequences. I think that understanding is very crucial, so that you'll avoid involving yourself in the matter BUT can understand the conversation. Particularly in CA, where you have considerations for domestic partnerships and community property, it gets very sticky.

Good luck to you - I'm happy to see you looking to learn. P.S. - this is just the tip of the iceburg. Warning: not all "tests" are correctly presented, nor are their "answers" always spot-on. =)

Reply by BrendaTx on 10/18/10 2:58pm
Msg #357185

Michael - I am also confused by this

language.

I'm not even sure I know what the questions mean.

NR Folks, does this sound like the test is asking what loan documents the non-obligated spouse signs?

Michael, if you do a little searching around on this forum for "non-obligated spouse", deed of trust/mortgage, TIL to start with, you might run into your answer.

I never heard of non-obligatory forms! That stumped me too.

Reply by Dennis_IN on 10/18/10 5:07pm
Msg #357207

Re: marital rights state: List

Here is a list of Spousal states that was in closing instructions from a recent closing

Spousal States: AL, AK, AZ, AR, CA, DC, FL, ID, IL, IA, KS, KY, LA, MI, MS,
MO, MT, NE, NV, NH, NJ, NM, NC, ND, OH, OK, SD, TN, TX, UT, VT, WA, WV,
WI, WY.
MA and CO are only if a Homestead is recorded.