Posted by NJW/FL on 8/25/11 1:25pm
Msg #394985

FL notaries

I have a new experience (to me at least). Investment property re-finance owned by wife before marrying over a year ago. Title taken in her name only because she was not married then. She is re-financing and husband does not have to sign any of the docs because it is not their homestead. Signing completed that way as instructed last Friday. Call today, that the husband still maintains a residence in Maryland 50% of the time home. Now I must have him sign an affidavit stating his homestead is......... Title company told me he would have had to sign the marital docs because of him not living 100% of the time in their home here. I am so confused. What effect would that have on him not signing any docs? He still does not have to sign any docs. Anyone know more about this situation? I am being paid for going out to have the one page signed and nobody is holding me accountable for this, of course, but I am just very curious and would like to understand this.

Reply by nez on 8/25/11 1:52pm
Msg #394988

If this is not their homestead property and is titled in her name, he does not have to sign anything. Unless the Maryland property is the property she is re-financing?? Not clear on " he stays in Maryland 50% of the time? Sometimes they will have the husband sign a document stating "this is not my homestead property". Sounds like to me they are just trying to "cover their tracks".

Reply by NJW/FL on 8/25/11 2:07pm
Msg #394990

The property is here in Florida. Title agent says that husband has his own property in MD and spends 50%of the time there. It all started with the title agent telling me he did need to sign the marital docs. I told her that has never been necessary for the past seven years of my experience in this state. She researched more and two days later calls with this. I do assume they are just covering their tracks as you say.

Reply by Teresa/FL on 8/25/11 2:08pm
Msg #394991

On investment properties it is up to the lender and title company to decide if a spouse has to sign any of the docs.

They want to make sure there are no issues in the future, so that is why they are asking you to have the husband sign an affidavit regarding his homestead. There are legal consequences regarding the rights of the lender to foreclose if a spouse does not sign and it is later discovered that the property was his homestead.

This is just my opinion and should not be considered legal advice.

Reply by NJW/FL on 8/25/11 2:12pm
Msg #394992

Teresa, I see what you are saying. Just doesn't seem right when she has owned the property as an investment for many years before she even met and married him. Only married just over a year. Never her homestead, let alone his.
Oh well, I guess the law is not so "cut and dried". thanks for the input.