Posted by pat/WA on 10/23/12 7:08pm
Msg #439987

Hypothical question

Washinton is a Marital state.
Borrower applies for a refi in February. He is not married. He closes in October. He is now married. All the documents including the DOT states single man.

What would be the correct way to handle a situation like this?

Reply by Jodith/WA on 10/23/12 7:21pm
Msg #439989

Call the title company and ask. I've had some just have us correct the statement and initial. I've had others require a complete redraw of the paperwork. You'll also need to find out if the wife needs to sign the legals.

Reply by Barb25 on 10/23/12 7:22pm
Msg #439990

Since this is hypothetical.

1. He should have found a lender who didn't take 8 months.
2. He should have told said lender he was getting married.

Certainly there were questions during the application process. Or in his case the loan took so long there was time to meet, court her and marry her. So I take back the first statement.

Hopefully other people will give you better answers.

Reply by pat/WA on 10/23/12 7:26pm
Msg #439993

In this hypothical situation the question of marital status was never raised prior to the signing which was, of course, after business hours.

Reply by Jodith/WA on 10/23/12 7:36pm
Msg #440001

After business hours, if you can't call title for confirmation, I'd have the borrower sign as is and inform him that there is a good chance they will have to redo the docs. I've had this situation come up a couple of times (as I said earlier), and you just never know how title will want you to handle things.

Reply by Linda_H/FL on 10/23/12 7:38pm
Msg #440003

Re: Hypothical question...non-hypothetical answer

"In this hypothical situation the question of marital status was never raised prior to the signing "

Wouldn't happen...marital status always part of the application process - moot point

Reply by Jodith/WA on 10/23/12 7:40pm
Msg #440006

Re: Hypothical question...non-hypothetical answer

Part of the application process, yet, but that doesn't mean it doesn't change between the time of application and closing of the loan. It could be either marriage or divorce. I've had both situations.

Reply by Linda_H/FL on 10/23/12 7:41pm
Msg #440007

True,. but after 8 months I'd think info would have to be

updated..ALL information..

Reply by Jodith/WA on 10/23/12 7:47pm
Msg #440012

Re: True,. but after 8 months I'd think info would have to be

In my experience, it's not always updated. I had one that had been in process for 18 months that still had all of the original application information.

Reply by Barb25 on 10/23/12 7:49pm
Msg #440014

After 18 months, fortunate borrower was still alive n/m

Reply by Jodith/WA on 10/23/12 7:51pm
Msg #440016

RE: Alive and totally pissed off after 18 months n/m

Reply by Barb25 on 10/23/12 7:55pm
Msg #440018

LOL. I bet! n/m

Reply by Barb25 on 10/23/12 7:57pm
Msg #440020

ROFL... Really Good! n/m

Reply by Claudine Osborne on 10/23/12 8:59pm
Msg #440034

Re: ROFL... Really Good!

I had this happen just the other day!! I call BO to confirm..I asked him if he was married? He says well I am now..I started this loan process in July and I got married the first of Oct..I asked him if he told this to the TC? He said No..I call TC and they were not happy. But they were able to add the wifes name to the documents before closing..Ohio is a dower state too.

Reply by Jodith/WA on 10/24/12 7:11pm
Msg #440192

Re: ROFL... Really Good!

*nods* these experiences are why I always ask marital status when I call to confirm with the borrower. And if you're in a domestic/civil union state, as about that as well.

Reply by Jessica Ward on 10/23/12 10:17pm
Msg #440047

Happened to me last month. It does happen

I couldn't reach title, but would prefer to act at their instruction. I added spouse on legals, as per every set of instructions I've ever gotten for married borrowers in WA. They sent me out a few days later with a revised DOT, but told me I did the right thing.

I have this come up 4-5 times a year.

Reply by BrendaTx on 10/23/12 9:27pm
Msg #440036

If you cannot call the title company, I'd be stumped.

Another hypothetical question.

What would happen if the notary went through with the signing with the documents as drawn? Then, the notary notified the title company and lender by email in writing?

The notary did his/her job.

Tell me why that would not work.

I would be leery of not signing this man...but maybe I'm losing my edge.

Reply by Linda Juenger on 10/23/12 9:30pm
Msg #440038

Re: If you cannot call the title company, I'd be stumped.

If I am not given 2 names on the confirmation, I always ask if there is a spouse. Problems can be headed off and fixed before the signing.

Reply by Philip Johnson on 10/23/12 9:34pm
Msg #440039

You can own property as an individual in Washington

I own a house as my sole property, and so does my wife as her sole property. If he owned the house before they married, there is no reason for him to have her on the deed. In our case we bought the houses as individuals ( a married man as his sole property) ( a married woman as her sole property).

Do the paper and let it go through.

Reply by HisHughness on 10/23/12 10:13pm
Msg #440046

Re: You can own property as an individual in Washington

I think you can own propery as the sole owner in any state; the issue arises with the homestead.

Reply by Jessica Ward on 10/23/12 10:19pm
Msg #440048

I see this often, but there's always a QCD, even on a refi

even on a refi of a "sole and separate" property.

I don't know if that is mandated, or if I just work for really conservative title companies.

Reply by Jodith/WA on 10/24/12 7:20pm
Msg #440193

Re: You can own property as an individual in Washington

Property rights in the State of Washington are complicated by the fact that it's a community property state and that is has an "automatic" homestead presumption (you don't have to file a homestead declaration). Because of that, most title companies require a quit claim even if the property was acquired prior to the marriage or acquired as a seperate property during marriage. That's been my experience, anyway. If there is even a hint there might be a problem, we have to do a quit claim. Same issue with registered domestic partners.

Reply by MW/VA on 10/23/12 9:37pm
Msg #440040

I've seen those change of circumstances, too. It wouldn't

stop me from signing the docs. As far as I know, the only way to change vesting is through a Deed (Gift Deed, Grant Deed, etc.) that changes how title is held. Moot point in VA, which is a spousal rights state. Vesting would have to be held as "sole & separate property" in order to exempt it from spousal rights.