Posted by James Dawson on 9/23/10 1:09pm
Msg #353619

Interesting signing today..a first for me

Husband and wife get divorced,....husband owns title to property in his name alone. Ex refuses to sign "interspousal Grant Deed"....So Judge issues court order and has Court Clerk sign the Doc for Ex-wife. WOW!

Reply by FlaNotary2 on 9/23/10 1:14pm
Msg #353623

So was the signing at the Court Clerk's house?

I have never had this situation, but suppose a judge "orders" an ex-wife to sign a quit claim deed. Can she acknowledge voluntary execution of the document before a notary public, if in fact the execution is not voluntary but rather is the mandate of a court?

In Florida, our laws do authorize judges to take acknowledgments, although I would be surprised if judges ever do so.

Reply by James Dawson on 9/23/10 1:20pm
Msg #353625

Re: So was the signing at the Court Clerk's house?

The clerk signed the Doc in the courtroom,...I took her ID and a copy of the court order for my records.

Reply by Stamper_WI on 9/23/10 1:35pm
Msg #353628

Re: So was the signing at the Court Clerk's house?

I mentioned before that I did one of these. The wife was in jail for cleaning out the house and hiding all their belonginings amongst other sabotage efforts. She was initially very nice but ended up refusing and throwing a fit. Last I saw of her was the bottom of her feet as they dragged her back to her cell.

Reply by Mary Ellen Elmore on 9/23/10 3:00pm
Msg #353670

Re: So was the signing at the Court Clerk's house?

This is pretty much done in most all divorce cases to some extent in TN, anyways.

Usually it is part of an agreement that the judge then turns into an order.

Reply by Mary Ellen Elmore on 9/23/10 3:02pm
Msg #353671

Re: So was the signing at the Court Clerk's house?

She can acknowledge, if this ordered against her will, that she is signing pursuant to a court order.

I have never heard of a judge being able to tell anyone else to sign another's name. Just means I never heard of it.

If he ordered the ex to sign and she did not, he could have got her for contempt and kept her in jail until she did.

Reply by SheilaSJCA on 9/23/10 1:40pm
Msg #353629

yes, I have seen this done. n/m

Reply by Marian_in_CA on 9/23/10 7:00pm
Msg #353727

Sounds similar to a partition action...

When parties can't agree on disposition of property, it is often given to the court to decide to force a sale or deed transfer.