Posted by John/CT on 7/3/11 2:06pm
Msg #388513

What Would You Do?

Borrower claims his wife is not on Title, she is not a Borrower, and Connecticut is not a "Spousal State" ... but her name appears on the Mortgage, RTC, TIL, etc. The legal description shows borrower's name only as the Grantee. Dox instructions are otherwise silent re: NBS signature. Wife is out-of-the country. I left voice-mail messages with SS/Title on Friday asking for instructions as to how to proceed. No reply received. Borrower has also been unable to reach the lender. Paul W. once said: "However, the determination of whether or not a non-obligated spouse would need to sign the "legals" is a decision that must be made by the title company." In the absence of anything else, would you consider having the borrower's wife's name on the dox as a de-facto decision she is expected to sign, and therefore the appointment should be cancelled?

Reply by Lee/AR on 7/3/11 2:51pm
Msg #388514

Hobson's Choice: Yep, sounds good to me--unless it's a split signing, in which case you should have gotten the guy's signature--he was the only one there.

No matter which you do, you stand a 50% chance of being right--or wrong. Also sounds like a re-sign no matter what you did. Gotta love it.

Reply by Notarysigner on 7/3/11 2:59pm
Msg #388516

Hopefully this question was asked by you of the TC you emailed, ending in "Pls Advise". I would also make reference to the "after hours number" they provided if so. Lee is correct, sounds like a resign to me also.

Reply by Linda_H/FL on 7/3/11 5:23pm
Msg #388517

If memory serves me...

In CT you can't give sign away a security interest on something you don't own - spouse not on title does not sign mortgage. In your case you say she's also not on the loan so she should not be signing *anything*..

Again...instructions from title are required simply because you can't make that call - absent that, I'd take the chance and at least have husband sign. At least you have a chance of them realizing their error and you've saved the loan....without any signatures, it's a redraw plus a whole lot of other possible ramifications....

I'd have him sign.

MHO

Reply by HisHughness on 7/3/11 6:10pm
Msg #388519

I gather you were hired to get the husband's signature, since if the wife was expected to sign the title company should have told him she had to be present. Do what you were hired to do. If it works, great. If it doesn't, you've fulfilled your contract. If you don't get his signature, though, you haven't done what you were hired to do.

Reply by Cupguy/Ar on 7/3/11 7:02pm
Msg #388520

When I call to confirm an appointment, and there is just one name on the confirmation
I always ask, " Are you married?" The reply often is "Yeah but she/he is not on the loan."
I can't believe that the borrowers have been working weeks and sometimes months
and they don't know the wife has to be present. If this guy is working in a state that
doesn't have spousel rights he should know, and that shouldn't be the first time he has
heard this. I would have the husband start signing!

Reply by MichiganAl on 7/3/11 8:00pm
Msg #388521

Sounds like an easy choice

Spouse isn't there anyway so have the docs signed by the husband. Then you've fulfilled your obligation. You got docs signed and you tried to contact the t.c. I'd rather sign the docs and find out later that they have to re-sign when spouse is home (though it doesn't like the case) than not sign at all and find out you should have had the borrower just sign (and end up going back on YOUR dime because you didn't do the signing when you should have).

Reply by JanetK_CA on 7/4/11 1:26am
Msg #388530

Bingo! Good logic and conclusion! I'd do the same. n/m

Reply by PAW on 7/3/11 8:13pm
Msg #388522

You're right. Dower and curtesy have been abolished and Connecticut is not a community property state. Although Connecticut does not have homestead laws that mirror other states, there is a post judgment exemption under C.G.S 52-352a(t) up to $75,000 based on fair market value less statutory liens or voluntary liens. A spouse does not have to join on a conveyance of the homestead or any other conveyance of real property. (Source: Stewart Title)

If spouse isn't around, she can't sign anyway. IMO, it appears that the title company (probably a non-CT business) is assuming that the spouse must sign the "legals", which isn't true in CT. I would check with title explaining to them the conditions mentioned in the first paragraph above and see what they have to say about getting the spouse's signatures.

Reply by HisHughness on 7/3/11 8:26pm
Msg #388523

***I would check with title explaining to them the conditions mentioned in the first paragraph above and see what they have to say about getting the spouse's signatures.***

And when you convey to them all the information PAW conveyed in the first paragraph, let them know that there is this fellow down in Florida that they might wish to hire as a consultant.

Unless, that is, you just want to take credit for everything yourself, and then tell them there is this guy down in Florida who is <almost> as good as you are that they might want to hire.

Reply by Susan Fischer on 7/3/11 11:53pm
Msg #388529

Sounds like Notarize, Don't Analyze, from all the replies.

Were you hired to sign the spouse?

Reply by Ernest__CT on 7/5/11 12:20am
Msg #388567

It is never our call. If there is a printed name on the docs, then that person is expected to sign.

Like the other NSAs who replied, I'd contact Title every way I could, then have the husband sign. AND I'd enclose a note with the docs if Title hadn't called back.

Whenever you run into a similar situation, make absolutely sure that you make a note in the Notarial Block that you notarized the signature of ONLY the person who appeared before you!