Posted by CJ on 7/26/13 10:12am
Msg #478106

Interspousal and spousal docs: question.

Twice this week I ran into this scenario.

The wife was not on the vesting because she never did own the house. Therefore, there was an Interspousal Transfer Deed. I'm familiar with that.

But both times, her name was typed on the spousal docs for her to sign: DOT, TIL, RTC, etc. I called various people (could not get a hold of actual title), but they didn't know why, and told me to just get it signed the way it was typed.

One time the wife said fine, but the other time, the wife was a paralegal (second marriages, they both had their own houses) and she said "Forget it", and the it was a no-sign.

Is this a new system? Or do you think these were flukes?

Reply by Notarysigner on 7/26/13 10:20am
Msg #478107

Need more info, example where were the Docs being filed? (state)

Reply by CJ on 7/26/13 10:43am
Msg #478108

Docs filed in California. n/m

Reply by Notarysigner on 7/26/13 11:00am
Msg #478111

Re: Docs filed in California.

>>> But both times, her name was typed on the spousal docs for her to sign: DOT, TIL, RTC, etc. I called various people (could not get a hold of actual title), but they didn't know why, and told me to just get it signed the way it was typed.

One time the wife said fine, but the other time, the wife was a paralegal (second marriages, they both had their own houses) and she said "Forget it", and the it was a no-sign.

Is this a new system? Or do you think these were flukes?<<<<

I do a lot of these and I have seen it both ways (I think it depends on the lender) I have never had a borrower refuse, husband or wife. If it had happened to me, I would have called TC from the table.

Reply by GOLDGIRL/CA on 7/26/13 11:16am
Msg #478115

I too have seen this a couple of times: non-owning spouses being required to sign. Once, the TC gave me a bunch of mumblejumble about having her sign cos that's what the lender wanted. Maybe it has something more to do with discloser than obligation... in that the lender wants the spouse to know what's going on even tho there's no ownership in the primary residence. The whole things is very bizarre (shady); and if it were me, I wouldn't sign anything until I knew what was up.

Personally, I thinks it's a loan processor screwup. The wife isn't a borrower, so instead of making sure she's not an owner, either, they just "assume" she is, and, as usual, title isn't going to bother to get it fixed. So that's why they tell you to just get it signed the way it's typed.

Reply by pat/WA on 7/26/13 11:35am
Msg #478121

Are you in a community property state?

Reply by SharonMN on 7/26/13 12:23pm
Msg #478133

I think depending on the state you're in, the non-owning spouse may still need to sign certain documents because either (a) they have an interest in the property solely by means of being the owner's spouse or (b) it's their primary residence.

Reply by JanetK_CA on 7/26/13 1:51pm
Msg #478141

I think you're right - which is why I agree with GOLDGIRL/CA, that it's a lender error by someone from a different state. I've only been asked to have a non-vested - and non-borrowing - spouse sign anything more than a QCD or Interspousal a few times, and always on docs prepared by someone out of state. But I've seen many, many where one party owned the property as "Sole and Separate" and didn't need to sign anything.

Even though CA is a community property state, it's nearly always been my experience that once an Interpousal Grant Deed is recorded, the spouse no longer needs to be involved at all. However, if a lender is insisting on it, it's not up to me to say no. It's just a localized pain if the couple knows how it usually works here and the non-owner wasn't planning to be there!

Reply by Darlin_AL on 7/28/13 1:18pm
Msg #478322

this state requires them to sign as it is their homestead & they must acknowledge the existence of the debt against their homestead, even if they are not liable for the debt