Posted by CarolF/NC on 1/1/13 4:39pm
Msg #448426

Non Borrowing Spouse Docs

Yes, I know, lots of forums, but still can't seem to pin point any clear answer.

I believe I had a messed up stack of papers on New Years Eve with nobody home.

Instructions read have non borrowing spouse sign Mortgage AKA Deed of Trust, TIL, RTC, HUD, Owners Affidavit. Well only the HUD and Affidavit have spouses name on them. Call SS who cannot reach lender or title who then says have spouse write in name on remaining docs and sign. Now I'm wondering.

The non borrowing spouses name is not in the body of the Deed of Trust, so when they sign, are they just acknowledging a loan on the property? Should nonborrowing spouses sign the riders to the deed? In this case they did not. Also, should non borrowing spouses sign the addendums to the HUD?

Do you assume non borrowing spouse is on title and leaving the name off docs is just a mistake in this case? I followed SS instructions, but I'm thinking I would not have had them write in name if I had not reached anyone, but then there's the instructions saying to have spouse sign. What would you do if you couldn't reach anyone?

Reply by Karla/OR on 1/1/13 4:59pm
Msg #448429

Not sure if the one I had recently parallels yours, but the non-boorrowing spouse was not on the DEED or anywhere in the package - I was advised to not have the spouse sign ANYTHING.

It is so hard to know what to do in some of these cases, ESPECIALLY when we are not able to reach someone to get clarification. I have had so many lately that provide an after hours number but no one is ever there. I then retreat to reading the given instructions that came with the package and make a 'management' decision. If it's wrong, I did my best.

Reply by Linda_H/FL on 1/1/13 5:06pm
Msg #448431

If I have written instructions that NOBS is to sign

I have them sign and print their name under the line on the documents stated in instructions. I try not to assume anything, especially regarding the vesting of title. Here in FL, even if not on title, NOBS are required to sign if the loan is on their primary (homesteaded) residence.

As for your other question about Riders, in FL yes, the NOBS also signs all riders to the mortgage. They also sign all title/property affidavits, TIL, RTC, sometimes Itemization, sometimes (but rarely) the HUD, sometimes the Ltd POA.

Reply by Darlin_AL on 1/2/13 2:02pm
Msg #448494

Sat before Christmas I had a similar problemo--

The instructions stated NBS (as it turned out) to sign his name exactly xxx x xxx. After 100 stickies for Mrs to sign, I realized Mr's name was printed on not one signature line. Reviewed the stack, and he is shown on the face of the Mtg. In our state, the community-habiter person must sign on the mtg, but this property was in FL. Again, nobody answering the phone for instructions. So, I used 2 mtg copies & explained to the BO's (who were miffed already at the 5 month duration of the loan process) why I was having them do a copy w just her signature and a copy with both signatures. Guess what? Before those docs were rec'd, I was asked to take 3 pages to Mr. on Christmas eve, of course, to get his signature. They still had not noticed no place for his signature on the mtg! the client was really miffed that I wanted to same $ to do the 3 missing docs as the original deal. Cripes! it was Christmas eve & I told my caller right away that "everything is closed around here already" (it was noon). I heard the TC did "accept" the package. Somebody owes me a kind thought here. But just keep in mind that you cannot always rely on the packages being complete or correct but you are not being paid to check over the work either. The obvious mtg. signature thingy I knew was required in this state. IF you notice a discrepancy & can get an answer in time, yea. But I would never make any type of "correction" unless I noted who I spoke w & the exact date, time, etc. This is the best forum!!

Reply by sp/MI on 1/2/13 4:53pm
Msg #448532

BEWARE. The title company makes the determination.

If the spouses name is not on the mort/DOT, then you MUST contact title and have them instruct you to have THE BORROWERS hand print the additional name required on the required docs, then add the additional name to the signature line and the acknowledgement. There are times, when it is an investment property, the female signer does not need the Hubby signature if in a Dower state. (Remember to have them initial all changes.)

Also, if the female is the only name and is married, if the hubby lives in the property and lives in a Homestead state, he must sign the docs.

I got into this discussion many years ago when I did not require the spouses signatures on docs the spouses name was not on. In fact, the spouse was never brought up.

Of course, always best to check with your signing company and leave the responsibility of contacting title for determination from them.