Posted by sealed/CA on 1/10/13 4:51pm
Msg #449841

Possible mtg. fraud avoided

I had a single signer last night whose docs showed the vesting as a single man. As we went through the docs one of the things that I pointed out to him was how the property was to be vested, both on the Escrow Addendum and on the DOT itself. He didn't bat an eye. When we came to the domestic parnership form and he was to mark the boxes, he piped up with "Well I'm married". "Whaaaat!"
His reasoning was that he had bought the property before he was married and didn't want to add his wife. He thought that single man meant that he was holding title alone. It was after hours of course and no one could be reached. I had him initial next to the vesting and we continued on. Hopefully, all is well and I'll just get a call to have his wife sign an interspousal.
From now on after pointing out the vesting, I will go a bit farther and say "That means that you are not married." Yikes! : )

Reply by LKT/CA on 1/10/13 5:02pm
Msg #449844

I completed a signing for a married man who took title as a single man, sole and separate property. His wife did not even sign an interspousal GD. She did not sign a single, solitary page - nothing....nada. They were a retired couple, married more than 30 years.

Reply by sealed/CA on 1/10/13 5:06pm
Msg #449845

A single man, sole and separate? Not a married man, sole and separate? Did the lender know he was married?

Reply by LKT/CA on 1/10/13 5:12pm
Msg #449847

Yes, SINGLE man, sole and separate. I'm sure the lender/TC/escrow knew, as I got no call-back and was paid, and continued to do signings for the TC. Don't hesitate to call the TC and inform them of what you've learn. It may matter (interspousal GD required) or it may not.

Reply by Shoshana/AZ on 1/10/13 5:20pm
Msg #449849

I had a similar situation once, though we didn't even start

signing papers.
The docs indicated that the woman is single. She was about 30. I was greeted at the door by her husband. He told me to have a seat and she'd be right out. So she came out and sat down. I asked if she was married. She said yes and didn't think it would matter. I called title and of course they wanted to redraw. Title told her on the phone and told her that we had to postpone the signing. After title got off the phone, she told me that she wanted to do whatever was easiest. At that point I told her to talk to title as they could explain to her about the various ways she cold hold title. When I came back after the redraw, I noted that she was taking title as married sole and separate.

Reply by Claudine Osborne on 1/10/13 8:34pm
Msg #449869

Re: I had a similar situation once, though we didn't even start

Same thing happened to me twice in the same week recently..Single when he applied for the loan..took so long to close he got married..didnt tell anyone..at closing I noticed he was wearing a wedding band and asked if he was married..he said yes got married a few weeks ago..I called TC and they had to redraw docs..but we were able to meet up later in the day and get both of them signed..

The other one a man answers the door and introduces me to his wife..As we start signing I asked if he was married (wifes name is not on the dower docs) He said we arent married! I said but you introduced me to your wife..Same thing they had ran off and gotten married and he didnt tell LO. I called TC no answer as it was later at night..He asked me what would have happened if I didnt report them as being married..I replied it would be mortgage fraud..He replied "I should have kept my big mouth shut" I met with them both later in the week to sign.

Reply by rolomia on 1/11/13 12:34am
Msg #449889

Re: I had a similar situation once, though we didn't even start

All of you are braver & more courageous than me if you're willing to work with BO's who want to sign docs. as a single person when they are married. In fact, if any BO even jests about wishing they hadn't said anything after revealing legally-relevant details pertinent to a loan, I would be out of there so quick. Even the hint of potential fraud makes me uneasy.

And, I certainly wouldn't agree to be the NSA on record for any future loan for said BO. Good way to lose one's commission or get sued by TC & LO in an effort to collect lost revenue (commissions & fees), even if loan later cancelled & funds never disbursed. I consider myself blessed & fortunate that I've yet to be a victim of fraud by BO's. I'm sure it's just a matter of time. Having been a victim of ID theft 13 times (not including unsuccessful attempts), I'm very wary & cautious.


I think I'm going to up my E&O cov'g. b/c one never knows. If I ever AM the victim of fraud, TC & LO will undoubtedly try to get funds from me, even if I do everything right. I won't put my confidence in the courts to get it right. JMHO

Reply by Frances Kany on 1/11/13 8:20am
Msg #449902

I avoid this by ALWAYS speaking with the borrower before I head out and ask them outright, are you married? I then explain this is a martial state and your wife/husband MUST sign some of the documents even if they are not on the loan. That way they know right up front. This has always worked for me.

I NEVER accept closings where I cannot contact the borrower either. I have turned down a couple due to this fact also.