Posted by MonicaFL on 4/23/13 7:31am
Msg #466677

Interesting situation

I had a closing last night where both the husband and wife were on title and the note. Now here's the kicker - and I have NEVER had this happen before - the husband was the only one to sign the HUD and the Affidavits. In fact, he was the only signer on the first 32 pages of the documents. I called title to ask them about this and they called me back and said - just have sign whose name is printed on the signature line. Has anyone else ever had just one person sign the HUD when both are on the note and mortgage?

Reply by 101livescan on 4/23/13 7:59am
Msg #466678

I've had that happen too. If they are both vested and borrowring, I have both sign (maybe some state settlement agents don't require borrower and co borrower on affidavits.

Reply by MonicaFL on 4/23/13 8:05am
Msg #466680

I had very explicit instructions to only have the Mr. sign the HUD if his was the only name printed on the siguature line. That is what I thought was so very very odd.

Reply by Darlin_AL on 4/23/13 9:47am
Msg #466694

Following explicit instructions is the only way

to protect yourself--except if it's one of those "notarize a signature not witnessed or post-dated". There is that pesky form (not for us) that the actual human at the title co/closer has to sign that all docs are correct & complete.
Different companies do have different specific instructions for the HUD-1, and other forms for non-borrowing spouse. the only one I called hotline about was missing right of recission form for the non borrowing spouse & they had me line thru one of the forms for her to print her name & sign; we both initialed & I added "per (initials of the dude on the hotline).
If you don't have a background in this & are not sure--be sure to call their hotline & note the name, date & time for your records. If you rec docs at the table & can't get anyone? suggestions on that anyone?

Reply by Linda_H/FL on 4/23/13 8:05am
Msg #466679

"the husband was the only one to sign the HUD and the Affidavits"

I've never had this happen either. I'm guessing you mean the title affidavits - it's my understanding that, in FL, all people on title are to sign not only the standard Mortgage, Riders, TIL, RTC, etc - they are also to sign all the "property" docs - a/k/a the "affidavits" in this case. She should have signed.

But hey, you did what you were told. I think there's going to be a revisit for wife to sign - hope they call you for that...extra $$

Reply by MonicaFL on 4/23/13 8:07am
Msg #466682

I think so too and yes, there will most certainly be another fee involved. The wife was also quite surprised that she didn't have to sign it too (or any of the affidavits).

Reply by Yoli/CA on 4/23/13 12:58pm
Msg #466729

Had something similar happen found while prepping docs. I emailed TC and advised co-borrower's name not on such & such docs (itemized em). Went on to say it was probably just a clerical error and did they want me to add her name where missing. TC was very grateful for the catch responded yes please.

They now call more often.

Reply by MW/VA on 4/23/13 9:48am
Msg #466695

Same here & that was really odd. I always have the

spouse, even if NBS, sign the title docs. I've often found there's inconsistency between lender docs & title docs, but that one beats all.