Janet's advice is good. In Illinois, if it's their primary residence, and the loan is a refinance for non-business purposes, the spouse is pretty much signing. In twenty years in the title business in Illinois, I have never seen the clause "as his separate property" on an Illinois mortgage or deed, to my memory. It is not a recognized tenancy here.
That's not to say, some Californians could not have moved here and drawn up their own deed, thinking things work the same here. But I doubt it. Californians don't move to Illinois, they move to Boulder.
Maybe the property is in a community property state and they are signing here, in which case, I believe, you would follow that state's recording laws. Or, more likely, it's an out of state lender applying the wrong lingo to the mortgage. In any case, check with your hiring party. I can't think of every scenario. |
