This can get complicated. For anything a signing agent would be doing with a Deed of Trust, I'd suggest that you just assume that she has an interest in the subject property. The nature of the interest -- community property interest, undivided interest, etc. -- shouldn't be of any concern for anything you would do as a signing agent; that's the title company lawyer's responsibility. In fact, about the only thing I think a signing agent needs to worry about is if a spouse in on the deed. If so, he/she signs it. If not, he/she doesn't.
As an aside, in community property states, the spouse acquires an interest in spousal property just by virtue of being married (that's an overly broad statement, but I don't want to bog this thing down). So, even though the other spouse elects to assume sole responsibility for paying the loan and thus is alone on the note, both spouses' names go on the deed. |
