Posted by pat/WA on 9/14/10 3:06pm
Msg #352651

Domestic Partnership

Document states -- presumptively subject to the community interest of a domestic partner if a member of a domestic partnership.
can someone explain this to me?
Do I need to call the borrower and ask if she is a member of a domestic partnership? If the answer is yes, do I need to have the partner present and does he/she sign the criticals?
There is only one name listed on the documents.
I tried calling Title and the answer was so contorted that I am still confused.

Reply by Linda_H/FL on 9/14/10 3:29pm
Msg #352663

You need to get title to give you definitive answers

in writing. Then you can review their instructions carefully. Put this in title's lap and let them tell you how THEY want it done - only they know how the title is vested.

Good luck with this, Pat.

Reply by Mary Ellen Elmore on 9/15/10 11:25am
Msg #352767

Re: You need to get title to give you definitive answers

I would get instructions from the Title Co. but in my experience, they usually do not know the laws and half the time they do not know if the BO is married or not! Why, I have no idea as it will be on the previous deed and the 1009 that the BO is married and title will argue me down that the BO is not married and have the new DoT saying BO, an unmarried person.

The times I have caught this and called the BO and confirmed and then called Title, I have always been thanked by Title and saved printing useless docs.

If your state treats Dom. Partners the same as married folk, it may be to your and their advantage to double check.

Reply by Philip Johnson on 9/14/10 3:38pm
Msg #352666

Do you ask all single people if they

are in a domestic partnership? Also here in Washington those over 62 can be in a male/female domestic partnership as well, do you ask all those folks as well?

Of course not, take what the title company has given you and get the loan signed, seems simple to me.

Reply by BrendaTx on 9/14/10 4:38pm
Msg #352681

Great answer, Phillip.

There seems to be so few choices to consider...I don't understand why not just move on!

Reply by James Dawson on 9/14/10 4:51pm
Msg #352683

All of my loan packages have forms for which a borrower is asked if they are in a domestic partnership. Most people look at this and then each other....I have already told them I cannot give advice (UPL).

Those in the know, know how to complete these forms. They are usually people of the same gender who are married (registered) legally in a state that recognizes such. I have seen deeds that also show the % of interest.

On the form they must state who their domestic partner is.....that's all I check, making sure that is done correctly.

No, I don't check the registration/license/certificate they might have. That is a Title issue as far as I'm concerned.

Reply by JanetK_CA on 9/15/10 2:25pm
Msg #352783

When I see that glazed look in a borrower's eye when I come to that form (when it's already clear to me that they are a married couple), I simply tell them that a registered domestic partnership is not the same as a marriage. (Some forms, thankfully, have an explanation next to each of the four choices by the boxes the borrowers need to check off.)

When it comes to domestic partnerships - at least in California - the key term is "registered". And I agree, James, those who are impacted will generally know the ins and outs. (Oops...no pun intended... ) BTW, in order for a domestic partnership to be registered, they have to have their signatures notarized on a form that then gets recorded with the county before their partnership is officially registered. I believe I've notarized exactly one of those forms, so this is pretty much the limit of what I know about this.

Reply by MW/VA on 9/14/10 7:43pm
Msg #352701

You've asked this same basic question before. n/m

Reply by James Dawson on 9/14/10 9:08pm
Msg #352709

that's a symptom n/m

Reply by LKT/CA on 9/14/10 9:37pm
Msg #352711

<<<Do I need to call the borrower and ask if she is a member of a domestic partnership?>>>

No

Reply by JanetK_CA on 9/15/10 2:16pm
Msg #352782

I think the answer as to whether or not a call to title is in order depends on where you found this statement. Could it be just a catch-all disclaimer that is intending to be all-inclusive? I imagine the numbers of registered domestic partnerships are increasing since that became an option for some folks. If that's the case, you may not need to even refer to it at all. (And I wouldn't unless necessary.) If it's something that requires action on the part of the borrower, then a call to title may be in order.

California has had a law for a several years now that has added one more form (the one James is referring to) where the couple has to state whether or not they are in a REGISTERED domestic partnership or are contemplating one, because property rights are affected by this. (I would think title issues would also come into play.)

Reply by Cari on 9/16/10 5:30pm
Msg #352940

NOT your job to ask... n/m