Posted by Pam/NM on 3/28/12 3:05pm
Msg #416353

Awkward...but what is my responsibility?

I did an application for a lady who receives VA benefits from her late husband. She is doing a refi of her current home, using her VA privileges. She had a man there with her and she told me they are married, but that they aren't telling the VA because she doesn't want to lose her benefits. Then she backtracked and said they weren't married--it was "complicated." After the application signing, I informed the l/o and the title co that hired me about her marital status. Now I've been assigned the final closing. I have an email into title, and was copied in when they escalated that email. What would you do?

Reply by Marian_in_CA on 3/28/12 3:19pm
Msg #416356

This is just my opinion... but THEY offered the information to you. Therefore, if she is signing a jurat, for example, that she is a widow and entitled to benefits.... and you know otherwise... and you put your seal on that? I think it's setting yourself up for trouble.

Me? I'd politely bow out of it and not do the final docs.

Reply by Stamper_WI on 3/28/12 3:28pm
Msg #416357

A caveat. I know several senior couples that have been"married" in church but not legally.For benefit and estate purposes. Co habbing sits better with them that way.

Reply by Pam/NM on 3/28/12 4:02pm
Msg #416362

Just heard back from title. "It's dead." I'm glad I thought to question it, but sorry that it didn't work out for the borrowers.

Reply by MW/VA on 3/28/12 7:05pm
Msg #416390

It's amazing how people abuse those benefits.

Reply by Claudine Osborne on 3/28/12 9:03pm
Msg #416408

I think you did the right thing by mentioning it to title. Too bad for the borrowers sure but better for you in the end..You could have said No to the final closing and not have to worry about the possible ramifications.

Reply by JanetK_CA on 3/28/12 10:19pm
Msg #416411

I agree - also, some people consider themselves married (common law?), even though they've never legally gone through the process. I also agree with other posters that it's a very good idea to mention it to title. Let them check it out and deal with any consequences. But just because someone says something is true doesn't always make it so.

Reply by CJ on 3/29/12 12:24am
Msg #416421

Marriage, etc.

Just my 2 cents:

* Marriage is a legal contract. It takes a divorce to get out of.
* Living together is not a legal commitment, no matter how many decades you do it. (I am not judging here, just an observation.) To get out of it, you just leave or change the locks.

My mom is a widow, and she gets social security from her deceased husband. She met a widower who also gets social security from his deceased wife. If they MARRY, they will lose all that money and have no income. But they wanted to make a legally binding committed relationship, so they got a Domestic Partnership. They are legally bound to each other, mom changed her last name, but they are not "married".

Whatever dishonest game these people are playing with the benefits and fudging on the application, I am glad you are not going to be dragged into it.

Reply by BrendaTx on 3/29/12 6:59am
Msg #416431

Re: Marriage, etc. -

*Living together is not a legal commitment, no matter how many decades you do it. (I am not judging here, just an observation.) To get out of it, you just leave or change the locks. *

Texas Common Law Doctrine might not agree with you...but you are not in Texas, so moot point.

As far as SS benefits, there's more to it than that. You sound certain so I am hopeful they talked to the SSI folks.

Reply by Susan Fischer on 3/29/12 8:40am
Msg #416439

So true, Brenda. Until a few years ago, Idaho provided

Common Law Marriage if three criteria were met.

As an aside, personally, in Oregon, I've officiated at three weddings where the elderly couples paid for their marriage licenses, but declined to sign the paperwork. When I explained the consequences of foregoing the legalities, they all said that they were married in their hearts, minds, bodies, and in the eyes of God - and that was what they wanted, for financial reasons.

Who am I to argue?

Many, many seniors are 'co-habbies' in my area.