Posted by Ilene C. Seidel on 9/22/13 7:24pm
Msg #485565

Washington State Closing Agents

I'm closing a loan in Maryland for a Washington property. The bo wife is not on title and she is on the docs. Is Washington state a marital state? Thanks

Reply by GOLDGIRL/CA on 9/22/13 8:44pm
Msg #485570

Sorry to hijack here.....

... but I have seen this before (if I'm reading your post correctly) ... where somebody is not on title but is on the loan. I was once told by an EO that this is impossible, since one cannot borrow money for something they do not own .... at least as far as real estate goes. Kinda like you can't buy insurance on something that is not *yours.* Then, again, another EO said that it can happen.

Just curious.....?

Reply by Darlin_AL on 9/22/13 9:19pm
Msg #485572

Re: Sorry to hijack here.....

OK Golden Girl--in the case of principal residence aka homestead, spouse is not on deed therefore not on title==still has to sign that pesky mtg. When an adult lives on the property, in the homestead states, that adult must sign to show their knowledge of the lien on their homestead. Theoretically, if Auntie or Granny lives w/you, her principal residence, she should be signing on the mtg, in the homestead states. (and those other docs too) so that they will receive notice in case of default, but they also have a ROR. For example, I inherited the ranch from Uncle Joe. I got it by way of the will, just to me because I was his favorite. (no deed). It is now my home & hubby's home. In homestead states, if we do a mtg, hubby must sign that pesky mtg., etc. for the reasons stated above..

Reply by GOLDGIRL/CA on 9/22/13 11:49pm
Msg #485577

Re: Sorry to hijack here.....

Thank you, Darlin! I guess I was incorrectly thinking that the wife was a borrower, too, from the OP. Cos WA is a community property state like California. In any case, as long as a nonborrowing spouse is on title, he/she has to sign off on certain docs letting him/her know what's going on in the case of a refi. However, that's not true with sole and separate property. At least in CA. He/she doesn't have to know anything.... and often doesn't ... if he/she isn't on title. Usually, QCs or interspousal transfer grant deeds have been already signed.

Reply by Gina/WA on 9/22/13 10:46pm
Msg #485576

Yes. WA is a marital state.

Reply by Tim Cameron on 9/23/13 12:18am
Msg #485579

Wa ST is a community property state, if married, the spouse is on title unless he/she has executed a quit claim deed or property ownership was obtained as sole and separate property, even then, the spouse usually is required to sign/acknowledge DOT, TIL, and financed costs....the only title company I am aware of that does not require spousal acknowledgement when a quit claim deed has been executed in the past is First American

Reply by Ilene C. Seidel on 9/23/13 5:08am
Msg #485580

I see I wasn't clear enough. Borrower (Mr.) bought property before marriage and wife is not on title. She is not on the loan either but her name is on the legal docs. Is this correct?

Reply by Christine/OK on 9/23/13 5:44am
Msg #485581

Yes, Darlin_AL, is correct. OK is a spousal state and

as such the spouse [even if not on the Title/Deed nor on the loan] will usually be required to execute the Mortgage/Deed, TIL, RTC, Name Affadavit, etc. Hope this helps!

Reply by Tim Cameron on 9/23/13 9:17am
Msg #485585

That is correct......In a community property state, she has an interest in the home once marital funds are co mingled to pay for the home..(payments)...that is why she needs to sign some of the docs...........

Reply by Darlin_AL on 9/23/13 9:40am
Msg #485587

In AL, if its their homestead drives the train

community property is one thing, but the homestead factor (in those states) mandates non-owner-but lives there people to be included to sign mtg (etc) IF it is the owner's principal place of residence. Does not apply to the borrower's non-residence.

Reply by Tim Cameron on 9/23/13 9:50am
Msg #485589

Re: In AL, if its their homestead drives the train

Darlin, I don't think that includes BF or GF living there unless the arrangement qualifies as a Domestic Partnership or Civil Union....In WA a single person (and even at times married couples) signs an affidavit stating they are in neither....it all comes down to a title issue and making sure any potential people that may or may not have a claim to the property have actual knowledge of any mortgages on home

Reply by Darlin_AL on 9/23/13 10:27am
Msg #485593

Tim, if an adult lives there as principal residence, yes

doesn't matter the relationship. of course, LO's obviously avoid this topic like the plague as it does complicate things. Must be a "don't ask/don't tell" area for them during the loan app. In CA my son signed on the mtg, but when the relationship went south, he discovered his girl friend & her father were on the deed only. He had been paying mtg. & taxes for years. (No, he never consulted mama about the transaction, of course. Raised him to be independent....and he's a trusting soul, or he was. Predatory lenders do all sorts of sneaky stuff.)

Reply by Linda_H/FL on 9/23/13 6:02pm
Msg #485654

In FL the homestead protection only applies to a spouse

not a child or any other person in the household unless they're on title.

Reply by NVLSlady/VA on 9/23/13 10:05am
Msg #485590

I don't know much, Tim, but this answer makes sense (see thread Msg #483305) . . . Since this issue comes up <all the time> wouldn't it be nice if <somebody> at title knows the Law - and practices consistently? Here is what one FL Title company has on its site:

Homestead Joiner of Spouse
Whenever a property is the homestead property, the spouse must “join” on the security mortgage, and most likely the TIL and Right to Cancel. It does not matter if they are in title by themselves, homestead property is “marital property”, and therefore the spouse has a homestead interest in the property. This does not make the spouse jointly liable for the debt, but merely protects the lender’s lien in regards to marital homestead property. If only one spouse financed a homestead property, the other could claim lack of knowledge of financing of their primary home, hence the mortgage would not be a valid lien on the property. This is also true for the sale of the homestead property, i.e., whether or not the spouse is on the title deed, they must sign the Warranty Deed at closing.

Reply by pat/WA on 9/23/13 10:52am
Msg #485595

Washington State is a spousal (community property) state and the spouse must sign non-borrowing spousal documents. Dot, RTC, TIL, and Itemization. Never the Note.

Reply by Tim Cameron on 9/23/13 1:08pm
Msg #485610

Exactly NVLS

Reply by Ilene C. Seidel on 9/23/13 1:03pm
Msg #485609

Thanks Tim

Reply by Ilene C. Seidel on 9/23/13 3:49pm
Msg #485634

Thanks everyone I researched, found my answer.