Posted by John/MO on 11/16/12 10:42am
Msg #443615

Who's responsibility

Who is responsible to make borrower aware that the Non Borrowing Spouse needs to be present at the closing to sign the documents that pertain to title?

1. The lender
2. The Title Company
3. The Signing Company when they set the appointment
4. The Signing Agent when we call to confirm?

Thanks

Reply by ArtG/KS on 11/16/12 10:46am
Msg #443616

The entity who takes the application (1003) and processes the qualifying eligibility for the loan.

Reply by Lee/AR on 11/16/12 10:53am
Msg #443620

Art is right, but I'd like to see 'All of the above'

I always tell 'em during the confirmation call because I don't need the grief that a missing signer creates.

Reply by ArtG/KS on 11/16/12 10:57am
Msg #443623

Re: Art is right, but I'd like to see 'All of the above'

I agree, I have had signings come over with one borrower and then get to the appointment confirmation phone call to discover that there is a non-borrowing interested party or spouse on title too. Sometimes the docs are already drawn and without the other party's names on them. I usually phone title and say we need redraw or reschedule, the ball is in your court.

Reply by Moneyman/TX on 11/16/12 11:22am
Msg #443628

I agree with Lee & Art

When I receive a confirmation with only one name, I always ask the BO if they will be the only person signing, since I haven't seen the docs. I have had a few tell me that their wife/husband isn't on the loan. On those I call SS/TC with that information and proceed from there.

Reply by HisHughness on 11/16/12 11:30am
Msg #443629

My role as a signing agent is to get documents signed and notarized. I do NOT assume responsibility for anything beyond that role, because if I do, then I can be held accountable for any failure regarding that responsibility.

That does not mean that I don't do everything reasonable to ensure that the process procedes smoothly, including attempting to ascertain who is supposed to be at the signing. If everyone who needs to be there is not there, though, I don't want someone pointing a finger at me and saying I should have done something that ultimately was not my job. Like everything else associatged with a closing, I'll be happy to accomodate if that's what you want, but understand that it will cost you more.

Reply by ToniK on 11/16/12 4:52pm
Msg #443675

I agree with Hugh n/m

Reply by LKT/CA on 11/16/12 6:29pm
Msg #443694

I, too, agree with Hugh n/m

Reply by HSH/WA on 11/16/12 11:52am
Msg #443632

NSAs get the docs signed that are sent them. I expect the confirmation of signing to include info on who to contact to confirm the appt. Often there isn't time to see who is to sign but if there is I like to check to see who is signing the deed to make sure I don't drive and find I'm missing a signer. Easier to check then to have a failed signing due to lack of one of the singers. So if there is no contact info for them and no signature line on the deed then I get what was sent signed and have met my responsibity.

Reply by PegiT_MN on 11/16/12 12:06pm
Msg #443634

It never ceases to amaze me the number of idiots working in the mortgage industry. It is one of the most important financial transactions a person may very well sign in their lifetime......and we have a bunch of morons in charge......and then they ultimately want to throw the notary under the bus when they don't do their jobs correctly.

Don't even get me started. These banks don't want to pay any money for salaries so they hire contract workers with little or no mortgage experience, herd them in like cattle, shove them into tiny little cubicles, give them very minimal training, and just hope for the best. If Joe Blow can't cut the mustard......no worries.....another bus load of contract workers will be arriving next Monday.

I'm going to tell you how inept some of these people are. I received a telephone call one day.....it was from a young man identifying himself as Joe Blow from $#@(!*= Bank. I thought.....this is wierd....why would Joe Blow from the bank be calling me in regard to my closing for today? Why wouldn't the title company be calling me? So I ask Joe Blow how can I be of assistance. Joe proceeds to ask me "Is Minnesota a spousal state?" Are you freakin' kidding me.......Joe Blow works for $#@(!*= Bank and he doesn't even know if Minnesota is a spousal state. I then ask Joe Blow where is he calling me from because I do know that this very large bank has a gigantic mortgage campus located right in my city. Yep.....Joe Blow confirms what I suspected all along......he is calling from the gigantic mortgage campus located 12 miles straight north of me.......in the very state he is asking about it being a spousal state or not. So then I have to ask myself "how many idiots does it take to get one loan underwritten and sent to the title company for docs to be sent to the notary to have the borrowers sign?" Well obviously it takes way more than what $#@(!*= Bank had on staff that day at the gigantic mortgage campus with all the contract workers who had been herded in like cattle and shoved into their tiny little cubicles with only their minimal training because he felt the need to call the notary to ask her. "Is Minnesota a spousal state?" I still can't get over that.

Reply by HisHughness on 11/16/12 12:17pm
Msg #443639

It's so fabulous when outrage meets ability of expression.

Reply by JanetK_CA on 11/16/12 3:17pm
Msg #443662

And that's high praise coming from you... But I completely agree!

Reply by CJ on 11/16/12 5:15pm
Msg #443683

I think Title or the lender, because THEY are the ones who really know what is going on.

Sometimes they tell the borrower, "Your spouse won't have to be there because they are [not on the loan] or [don't own the property]". But then I get there, and there is an intersposal, and the spouse is not there. "They said she didn't have to be here, because they were taking her off title, so she is visiting her mom out of town tonight". How do you they are going to take her off title? By erasing her name? And then when they find out what "taking her off title" means, they don't want to sign. This needs to be explained and sorted out long before the notary arrives.

Should I be responsible for digging thorough every loan to see if there is an interspousal? And what about docs that come in at the last minute when I am in print-and-grab mode? And on purchases, it's really a surprise. The spouse says, "What do you mean I am signing over my interest in the property? I don't even own it?". This looks fishy and I'm not signing it. Explaining that sounds like giving legal advice or opinons. The lender or title should have that all handled long before I get there.

And how about making sure the name on the new property matches their driver's license?

Thank you for bringing this up.

Reply by Jerome Zeiger on 11/16/12 5:05pm
Msg #443679

LOLOLOLOLOL!!!

Reply by Belinda/CA on 3/11/13 8:17pm
Msg #460653

I just read your post and am still chuckling. I so agree! Thank you! Belinda
Is is not funny but it is so funny how you put it!