Posted by mwm143 on 11/15/12 8:25pm
Msg #443567

Charge or not

Standard practice is to have spouses sign the legals regardless of whether their name is preprinted. However, a package had a QCD removing the spouse (husband) from title. Wife signed all docs and husband signed none. No preprinted names, no instruction from title. I get an email stating husband should have signed the DOT. A revised DOT was attached. No mention of the other legals. Seems if you're signing a DOT then you should have been given the same 3 day recession.

I believe this is a lender error and while it's not my job to ascertain whether the spouse should be given recession rights and TIL disclosure, I am requesting a fee to get this new document executed. Thoughts?

Reply by docs1954CA on 11/15/12 8:46pm
Msg #443570

Charge. n/m

Reply by PegiT_MN on 11/15/12 9:59pm
Msg #443575

Charge . n/m

Reply by Clem/CA on 11/16/12 12:48am
Msg #443582

Charge.. as much as you can ... as often as you can .......

Reply by gaby on 11/16/12 1:25am
Msg #443583

Definitely charge.

Reply by Barb25 on 11/16/12 7:25am
Msg #443588

I agree with everyone else

but first I would call and tell them you are doing this. So they buy into this before you go there and if there is a need to discuss you state your case before the fact, get the name of the person you are talkin with and the approval.

Secondly, if I have learned nothing else in this business, whenever I see something I know/think shouldn't be (i.e., this situation, some name discrepancy, RTC dates in a split signing), I call because even if I am right (or believe so according to all that is legally correct), I don't want to lock horns with the lender/TC if they say differently. I have differences of opinion especially where the RTC is concerned in a split signing. Anyhow, an ounce of prevention is worth a pound of cure. I don't care if they think I am "dumb" I just want to be paid. And usually they appreciate the question.

Reply by Teresa/FL on 11/16/12 7:39am
Msg #443590

Barb, I usually send an email with those questions,

expecting an email response in return.

Nothing like getting it in writing to back up your case in the event someone denies the instructions given to you.

Reply by Barb25 on 11/16/12 8:24am
Msg #443596

Re: Barb, I usually send an email with those questions,

Definitely that is a much better idea when there is time. I certainly agree.

Even if it comes up during the signing, I get the name and follow up in writing either in the form of an email restating our conversation or in the completion report (if that applies). Names and all. It's hard for anyone to dispute that.

Reply by Teresa/FL on 11/18/12 7:48pm
Msg #443923

Yet another reason to have a smart phone, to email ? from

the table and get a written response.

Reply by ArtG/KS on 11/16/12 10:12am
Msg #443607

There is a chart (not necessarily up-to-date) that defines who must sign in each state. I refer to it once in a great while and the source of this has a 4 1/2 star rating. Here is the link to the page: http://www.worldwidelandtransfer.com/marital-signature-requirements/