Posted by NVLSlady/VA on 8/2/13 10:51pm
Msg #479129

Feels GOOD to Search

Ok. I have a signing that won't "die." I am being asked to return to signing (one that didn't happen last week because wife was out of the country). I requested that SS clarify with Title regarding non-spousal instructions and was told all was fine; borrower has POA (really? that was fast) and now she is being removed from vesting. Hmmm. . . I don't know much BUT

something just "don't seem right." So, I search "removing spouse" and look what I find in the archives: Msg #201729 (I have the same feeling as OP in '07!)

I had originally asked the SS to have tc confirm in writing; now you bet I'll insist on it

As always, appreciate the perspectives and experience of long-timers!

Reply by NVLSlady/VA on 8/2/13 10:54pm
Msg #479130

btw, the "she" that is being removed" is the wife AND here is the email from borrower that got me to wondering . . .

My wife won't be able to be present. I think the title will be under my name only. I already shared the PoA to Dorothy, from OZ Settlements and they told me it will be sufficient to close.

Reply by desktopfull on 8/2/13 11:26pm
Msg #479133

If your in a spouse state, the spouse must sign whether they are vested on the title or not, if the property is the primary residence. POA can be used if spouse isn't available, but must have prior approval from title before using. If this isn't the primary residence then the spouse doesn't need to sign.

Reply by NVLSlady/VA on 8/2/13 11:38pm
Msg #479135

Yes, Prim Res. Would have been too easy if investment :( n/m

Reply by anotaryinva on 8/3/13 8:45am
Msg #479147

I like to keep things simple. I'm not a settlement attorney, a closing agent, a TC or the recorder of deeds. I'm being hired as a notary, to notarize someone's signature, sure there are other things involved like printing, shipping, etc. but my primary duty is to ID the person and witness him/her sign documents. If I needed to research and determine the validity of the documents I would be charging a lot more. When I notice something that doesn't seem right I will mention it to the hiring party. It is their role to get it corrected if needed.

I did find this that may or may not be helpful, http://www.worldwidelandtransfer.com/marital-signature-requirements/

Reply by rolomia on 8/3/13 12:25pm
Msg #479170

I ALWAYS remind hiring party that they are responsible if...

...the spouse who IS signing the docs commits fraud by signing a forged POA. It's not my job to verify the authenticity of said POA. And, there are few discerning clues between authentic and fraudulent POA's to ascertain which version is presented to the notary. But, while it IS my hope that said POA is valid, there is NO way to be sure, even if I read same in full. And, until one or more laws are in place to require us to read warnings about punishments that any person committing fraud may suffer, the act of reading such a warning, otherwise, could be portrayed as UPL by a criminal/civil defense lawyer (attorney), if fraud were later proved to have been committed by the signing spouse, in question. JMHO

Reply by JanetK_CA on 8/3/13 3:07pm
Msg #479181

Re: I ALWAYS remind hiring party that they are responsible if...

This is probably the main reason why most lenders (if not all) require all signings involving use of a POA, to have the POA approved in advance. Just makes sense.

Reply by desktopfull on 8/3/13 6:18pm
Msg #479198

That is why TC approves use of POA,

the ones I work for want a copy sent in prior to closing and want the original sent in with the docs too.

Reply by NVLSlady/VA on 8/3/13 5:49pm
Msg #479194

Yes, thank you for posting. I do remember coming across that chart a couple of months ago (either found via google or someone posted?).

What gets me is the "community property" vs. marital rights thing (I need to go back to the posts about that)

Reply by MW/VA on 8/3/13 4:08pm
Msg #479190

IMO that's exactly why POA's have to be approved by the

lender in advance. POA's can be a touchy subject, and I do a lot of loan signings with them here in a heavy military area. There are stories out there, though, of spouses who use POA's to sell off everything while someone is deployed & they come back to nothing. That's horrible beyond description.
I had a gal approach me the other week for GNW where she was trying to use a POA to get her husband (now separated) off title to the property & some vehicles. I wasn't going to touch that one with a 10 foot pole.

Reply by NVLSlady/VA on 8/3/13 5:51pm
Msg #479196

Re: IMO that's exactly why POA's have to be approved by the

This is why only a limited poa would do for me - and I believe it has to have the specific property referenced anyway in real estate transactions

I know that something is going on behind the scenes that I don't want to know about; and like was mentioned I'm just going to do my Job and witness!

Reply by anotaryinva on 8/3/13 6:08pm
Msg #479197

Bingo Michelle n/m