Posted by SReis on 11/19/12 9:34am
Msg #443972

I am totally appalled!!

Just had a total blow-out w/a MA atty that I have recently been doing work with re: non-borrowering spousal sig reqs. Apparently he & the lender wanted to push a loan through to sign this AM w/o having the non-borrower spouse sign even though it is req under MA law. He actually shouted at me & threatened to not use me anymore. I was like fine because I am not going to break the law & do something unethical that I know is wrong. He then proceeded to hang up on me! Couldn't care less about the loss of business but I am truly astounded by the lack of professionalism. I tried to call him right back but he was in a "mtg." I did leave him a very nice mssg letting him know how unprofessional he was & that I would be contacting REBA just to verify the information I believe to be correct. Its just sad because they will get another MA atty that either doesn't know the law or care to go out there & complete the signing. Even in this day & age w/greater regulations ppl are still willing to do unethical things in order to get a loan signed. Its really unbelievable to me.

Reply by Larry/IL on 11/19/12 9:48am
Msg #443976

You may want to check, but I believe MA is a Common Law Jurisdiction. A non borrowing spouse might not be required to sign if they were not on the previous Deed/Mortgage and does not have a Declaration of Homestead. You would need more personal information of the borrowers that usually only a Lender, Title Co or Attorney might have.

Not giving legal advice here, just a few areas to consider regarding a non borrowing spouse's requirement to sign.

Reply by Edward Cooke on 11/19/12 10:30am
Msg #443979

All states except Louisiana fall broadly under "common law". What should be checked is whether or not Mass. is a community property state.

Reply by janCA on 11/19/12 11:28am
Msg #443992

Unless it has changed, Ca does not recognize common law.

Reply by Edward Cooke on 11/19/12 12:16pm
Msg #444009

If Calf. recognises Deeds of Trust, "right of survivorship", "power of attorney", etc. then the state certainly does as those are common law, not civil law, concepts.

Reply by janCA on 11/19/12 3:25pm
Msg #444030

Thought you were talking about common law marriage. n/m

Reply by Barb25 on 11/19/12 11:29am
Msg #443993

I'm sorry I don't understand

Are you the notary? And they just wanted to to complete the signing without the non-borrower spouse signing? Why would that be your problem?

What am I missing? And I seriously apology if I am missing your point? What is it?

Reply by Linda_H/FL on 11/19/12 11:39am
Msg #443997

She's an attorney...in MA is IS her problem n/m

Reply by Barb25 on 11/19/12 2:55pm
Msg #444027

Re: She's an attorney...in MA is IS her problem

Well I guess that explains what I didn't understand.

Reply by Moneyman/TX on 11/19/12 11:33am
Msg #443995

Could it have been a split signig? n/m

Reply by Les_CO on 11/19/12 11:52am
Msg #444002

As far as I know in MA if the NBS is in title, he/she must sign. If not in title, signatures are not required unless homestead has been recorded. BUT if an attorney wants me to witness someone signing an affidavit about wheatever, and the guy swears to it…… what do I care? I’m there to ID the guy perhaps put him under oath, and witness his signature. It's not my business to read, interpret, or modify the document, or or advise the person signing the document about it's content. JMO

Reply by Bob_Chicago on 11/19/12 1:54pm
Msg #444025

Perhaps I am missing something here, but as I understand

it, if a NBS (or other party with an interest in the propety) does not sign the mortgage , etc,
then the only problem is that that non-signing party does not make their interest in the propety subject to the mortgage;
Therefore in the event that the borrowers fails to perform under the terms of the loan, then that non-signer's interest in the propety is not extinguished through the forecloseure.
Why should that be the problem of anyone other then the lender.
If the lender has knowledge of the NBS's interest in the property , and fails to have them sign the appropriated dox, then , I believe, that the TC would not be responsiible for any loss to the lender.
I fail to see why this would be a problem to the NSA, even if the NSA happens to be an attorney, so long as the lender is aware of the circumstances.

Reply by Barb25 on 11/19/12 5:15pm
Msg #444036

Is this the end of this?

I would certainly be interested in hearing what happened. Is NSA culpable in any way whether ne/she be an attorney or not if the lender tells them to not have the NBS sign the documents? It just seemed to stop at "appalled." And who is correct here? I would love to know.

Reply by Gregory/CA on 11/19/12 5:52pm
Msg #444045

Attached is information state-by-state that I have found helpful regarding this issue. Hopefully, it will help everyone as well.

http://www.worldwidelandtransfer.com/marital-signature-requirements/
https://www.nationstarbroker.com/documents/nsm_maritalsignatorytable.pdf

Based on the information from the two sites above, MA is a common law jurisdiction and it appears Both spouses must sign.

Footnote: "Non-owner spouse need not sign if he or she has not declared a homestead estate. Title Company will sometimes require a written waiver of homestead. If non-owner spouse has recorded a declaration of homestead in the real estate records (should be reflected on commitment), the signature of both spouses is required on the deed of trust or there must be a separate written waiver of homestead rights signed by the non-owner spouse. "

Reply by Carolyn Breckenridge on 11/19/12 6:51pm
Msg #444050

I had the same thing the other day. Wife was not on the loan, nor was she on the critical docs. I called the TC and the referred me to the lender. Spoke to the originator and he said she did not have to sign...and he was argumentative. I backed off and figured it wasn't my problem. I addressed it. It was a small 2nd mortgage for home improvements.

Do I think that I am liable, no, I was just notarizing documents. I am not the TC and I am not insuring it. Do you think I have a problem?