Posted by Patti Corcoran on 9/24/10 2:29pm
Msg #353828

legal question - PAW?

Washington is a marital state. Tomorrow I have a signing with a single guy who might be in a domestic partnership. I presume that the partner signs all of the "Non-borrower" docs? But, what if the bwr objects? At what point are cohabitants "domestic partners"? This seems legally dicey to me. thanks.

Reply by desktopfull on 9/24/10 2:32pm
Msg #353829

I would get clarification from the TC on this one, I would think that they are the only ones that can make that decision.

Reply by Patti Corcoran on 9/24/10 2:34pm
Msg #353830

That's what I'm thinking. I certainly don't want to be the one that makes that decision.

Reply by James Dawson on 9/24/10 2:40pm
Msg #353831

I am not PAW ...but just in case he's busy,.....I always present the form to them and say nothing. They know what it's about, they will either completed it or not. This form is not one that will create a problem with the loan being funded. Don't worry about it.

Reply by SheilaSJCA on 9/24/10 2:40pm
Msg #353832

I am certainly not a lawyer, but I am pretty sure they mean a registered domestic partnership, which is something that is recognized legally(usually notarized and recorded too). If the signer has such a partnership, he is fully aware of it, and so is the partner. It is not just two people living together.

Reply by Philip Johnson on 9/24/10 2:41pm
Msg #353833

Might be partners?

Take the docs you are given and complete the assignment. It's not our venue to decide who is with whom. That responsibility lies with the LO,TC and the people involved in the deal.

Reply by BrendaTx on 9/24/10 8:44pm
Msg #353876

Re: Might be partners?

*It's not our venue to decide who is with whom. *

Do you always suck the fun out of the room? Fun sponge.

Reply by FlaNotary2 on 9/24/10 2:54pm
Msg #353835

100% not our concern as signing agents

Have them sign whatever you are instructed to have them sign. It is not our job to determine whether or not a spouse or domestic partner sign. That's the title company's job - that's why they get the big bucks and we get peanuts.

Reply by James Dawson on 9/24/10 2:56pm
Msg #353836

http://access.wa.gov/search/index.aspx?qs=domestic%20partner n/m

Reply by Cari on 9/24/10 3:27pm
Msg #353838

Patti, ur there as a nsa, that's it.

Unless you need to know personal knowledge, its TC's problem.

Reply by Patti Corcoran on 9/24/10 5:32pm
Msg #353857

Re: rec'd answer:

Because WA does have NBS sign docs, I just needed to know if a domestic partner would sign those docs. The TC said "no, not unless they are legally married". So, now I know for sure. Thanks for everyone's input.

Reply by PAW on 9/24/10 7:41pm
Msg #353872

Re: rec'd answer:

Do what the TC says. The issue is theirs to figure out. I don't know what the domestic partner laws are in Washington (I have enough problems with Florida's) so I wouldn't be able to offer any suggestion other than what everyone else has already stated. Spouses are one thing, domestic partners are another.

I'm not sure the TC is correct on this, but I certainly would not argue the point with them. It's their call. Period.

However, for you own edification: A new law went into effect in June 2008 that significantly impacted the title and escrow business in WA. The law is titled "The Domestic Partnership Expansion Act of 2008," and builds on an earlier domestic partnership law passed in 2007 that gave rather modest rights to registered domestic partners. The new law essentially gives domestic partners the same rights (including community property rights) that married persons have under state law. The new law amended over 170 different sections of the Washington statutes, according to Stewart Title. I don't know if there's been anything since 2008 when I left the title business.

Reply by ReneeK_MI on 9/25/10 6:24am
Msg #353921

Please also consider non-borrowing BUT vested on title

This is why I cringe when people talk about whether or not it's a "marital state" because it can be very misleading. I am surprised, really, that nobody in this thread mentioned title-interest rights.

There are certain rights in certain states given to non-borrowing & non-titled spouses (such as Dower Rights, Courtesy Rights, & Homestead Rights, for example). There may be certain rights in certain states given to non-borrowing & non-titled Domestic Partners (may be, could be, I'm not sure).

BUT - there are also certain FEDERAL rights given to non-borrowing PERSONS (spouses, partners, fathers-in-law, BFF's, etc!) who hold title interest (TIL & RTC), as well as state rights with regard to acknowledging the fact that property they hold title interest in is being used to secure a loan (mtg/DOT).

This is an area left to the TC because it is absolutely a legal determination - our responsibility is simply to get their directives.