Posted by pat/WA on 9/9/13 12:52pm
Msg #483753

married or not married

There is a document in the closing I am doing today that asks the signers to state if they are married or single. The signers are married but not to each other. Anyone with experience with this situation?
They are both on the DOT

Reply by Bear900/CA on 9/9/13 12:56pm
Msg #483754

Tennants in Common perhaps on investment property?

I've never personally experienced being married but not to each other. That might not go over so well...

Reply by pat/WA on 9/9/13 12:58pm
Msg #483755

That's right Tenants in common on an investment property. I am tempted to have them just check married. They are married just not to each other.
I don't know this is a new one to me.

Reply by ikando on 9/9/13 1:03pm
Msg #483757

Are they perhaps brother and sister or some similar relationship that wouldn't be married to each other? Is there somewhere on the doc that asks for the name of the spouse(s)? If so, that may solve your dilemma.

Reply by Julie/MI on 9/9/13 10:08pm
Msg #483866

"They sure don't want us signing agents grilling the signers as to their personal statuses."

Then why Darlin, did they put the form with the docs if the first place, if it's not to be filled out? The borrower have usually already submitted their social security numbers, pay stubs, tax returns, bank statements and you call asking for their marital status grilling???

Such drama, (rolling eyes here). I'm not grilling, obtaining dna, looking at marriage licenses or other grilling of the borrower.

If you've been in the title business since 1980, then you should understand.

Reply by desktopfull on 9/9/13 1:07pm
Msg #483758

Call TC and ask how they want the form done.

Reply by JPH13/MO on 9/9/13 1:18pm
Msg #483761

Form usually has place for spouse's name(s)?

I have never seen one that only asked if they were married. If so I would say they were since they are. I would add a sticky note stating that they are NOT married to each other.

Most forms like this ask if the owner is married and then ask for spouse's name, and go on to ask what their relationship is with the co-owner, and then have a 2nd section for co-owner with the same questions.

Reply by Darlin_AL on 9/9/13 1:56pm
Msg #483768

Just have them fill-out the form completely as it is not our

task to determine who's married to who or what the circumstances are of the ownership of the property. IF there's a glaring mistake, such as a couple's residence & spouse present & not on mtg (in AL) then--even if TC says don't do anything, your job is still to (note who you spoke w/& when for CYA) then complete the signing as you were hired to do. Also, perhaps your signers have already been over this with the lender and, at this point, it may appear to them to be none of your business. There's a zillion answers, to include, siblings, or other relatives, parters.

Reply by MW/VA on 9/9/13 1:58pm
Msg #483769

I agree. Call them & ask how you should handle it.

That sort of form is in most closing pkgs., because marriage often affects title to property. I don't think that applies to investment properties, but it would be UPL to make that determination.

Reply by Notarysigner on 9/9/13 1:14pm
Msg #483760

may be a trick Question! ..fill out domestic partner form n/m

Reply by Sylvia_FL on 9/9/13 2:09pm
Msg #483775

The signers are the ones to state if they are married or not. Not our call to make. Let them complete the form.
Sometimes signing agents get too caught up with the minutae of the documents.

Reply by jba/fl on 9/9/13 2:43pm
Msg #483776

I have had instances when there are people not related to each other who each fill out the 1003 independently and separately from each other.

The question, as posed, is to the borrower, not the notary. The borrower is the one to respond accordingly and whether they wish to expound as to the entire circumstances, is still not our business. I don't know what form they are

Reply by jba/fl on 9/9/13 2:45pm
Msg #483777

Re: married or not married, continued

being asked to respond to, but if it is a TC form call the TC if you don't think it is kosher; if Lender form, call the lender for advice.

Reply by Kendall Challenger on 9/9/13 3:16pm
Msg #483786

They are simply declaring their marital status, not that they are married to each other.

Reply by Julie/MI on 9/9/13 5:53pm
Msg #483821

Critical question or lien may not be perfected.

Non-borrowering spouses may be required to sign in some states.

Title has to issue insurance, if these people were signing at a title company, the closer would specifically ask if they each had their own spouses.

Having a title background, I go the extra mile.

Some may choose not to. It's up to you.

In a perfect world, loan officers, processors and title people would be on the same page, but as a title person since 1983, it's still not even close.

Reply by Darlin_AL on 9/9/13 8:12pm
Msg #483849

Re: Critical question or lien may not be perfected.

OK, I'll go ya one better---started Title work in 1980..so what? Yes, I do contact hiring party or TC when I get a mtg & it appears there may be a nbs living there. But it is not the same question when you have 2 people in front of you filling-out a marital status form. That was the question. If "Roger, a married person" and "Phillip, a married person", they are both on a mtg we're signing, what business is it of mine as to who they are married to, where's spouse's principal residence?, etc. The question was about the signing agent wondering what is supposed to go on the "Marital status" form. I would ask Robert & Phillip to each complete their form & sign. If it us just one form they can just complete it on it's face. IF the title commitment was incorrect or if the document creators appear lax, the instructions always are "Call us!". They sure don't want us signing agents grilling the signers as to their personal statuses.

Reply by JanetK_CA on 9/9/13 8:57pm
Msg #483853

Re: Critical question or lien may not be perfected.

In a situation like this one, (if it's the Statement of Information we're talking about) I've usually seen a separate form for each borrower. If there's only one in the package, the only thing I might stick my neck out on is to print an extra copy so that two borrowers not married to each other have their own form to complete. (This would likely also apply to a title form asking about how they want vesting to show - which is likely also asking about their marital status.)