Posted by Carol Graff on 6/20/12 11:03pm
Msg #424172

ques re married sole & separate property

When a deed is vested as such, shouldn't there be a form in the there (in CA) for the spouse to sign? I don't mean a non-borrowing spouse.

Reply by JanetK_CA on 6/20/12 11:40pm
Msg #424175

I'm not really sure what you're asking, but in my experience, if it's been previously recorded as "Sole and Separate", that normally should be sufficient. But yesterday I had one where the non-titled, non-borrowing spouse was requested to sign the DOT, RTC (and a few others) anyway. This is strictly a lender requirement, though, imo.

Is the spouse who isn't on title on the loan? I can't recall if I've ever run into one of those.

Reply by GOLDGIRL/CA on 6/21/12 1:09am
Msg #424189

I'm assuming you're referring to the spouse who has no ownership in the property: Maybe the spouse already signed a QC or Interspousal - either when the property was purchased or last refied. Or, if it is for the current loan, maybe title sent it to him/her earlier and had them take it to a corner notary and then send it back. Or the spouse's lawyer took care of it. Often lenders want a QC/interspousal transfer signed before the actual loan signing to be sure there's no shock and drama come loan signing time.

Reply by Carol Graff on 6/21/12 11:33am
Msg #424215

Yes, there was shock & drama. I caled LO as wife was not listed anywhere and she wanted to be on title (as she said she was on last refi). LO said she was not on last one (he also did last refi for them and we cked papers). Lo & behold she signed a QCDeed taking herself off & did not realize it last time! Can't blame her--she kept asking notary, I'm still on title right?
Notary had her sign every paper (last time)!!! Yes, I've done many NBS before, but this was the first time I've done a loan where it was already "married S&S property, so I was not sure if there was supposed to be at least one form for wife to sign in this situation. LO emailed over a Grant Deed & Change in Ownership form. They were not happy with LO--imagine that! So for last 6 mos she was not titled on property!

Reply by CJ on 6/21/12 12:13pm
Msg #424220

As a notary, I think it is part of my job to make sure the people undersand the notarized docs they are signing and that they are not signing under duress. I know we can't give opinions or advice, but we CAN make them read the important part of the docs. I make sure they always read QC, GD, and Interspousals before they sign. Usually, it is all part of the plan and they are fine with it.

But one time there was a man and a woman, not married, and he had the income, but he had the house, and they had a GD where she GIVES hime the house and she no longer owns it. They did not discuss it with her or anything. It was a complete surprise. You can believe that signing came to a grinding halt.

Another time I signed a woman, and she told me this story: Her husband was having an affair and was planning to divorce her. When it came time to do the taxes, he had his friend the tax guy come over to get all the taxes signed. He had a QC sneaked in there and she signed it and it was notarized (they had the notary there too, so it was a complete set-up). She had no idea that she QC'd her house to her husband while signing her taxes. Then he filed for divorce and she said she got half of the house and his attorney said, "No you don't" and showed her the QC.
In my eyes, the notary is there to prevent stuff like this.

Reply by CJ on 6/21/12 12:24pm
Msg #424223

clarification on story

On the story I told, I was sloppy in my spelling. In the unmarried couple. SHE had the house and HE had the income. So they wanted her to just GIVE him her property.

Reply by Carol Graff on 6/21/12 12:46pm
Msg #424229

Re: clarification on story

Iagree with you CJ.

Reply by Shoshana/AZ on 6/21/12 3:38pm
Msg #424253

This woman was just plain stupid.

Did she just fall off the turnip truck? Tax returns aren't notarized. If you see something that says QC Deed on it, that should make you suspicious.