| |
 Dear Signing Agents,
You need to REGISTER and have a password to post or reply to discussion topics. Please remember, your password for your listing on 123notary.com is NOT RELATED to and is different from your password on the forum. Your password on the forum can be whatever you want it to be.
|
|
  Be the first person to vote!
| Author |
 Topic  |
|
|
lkassis
Iowa
60 Posts |
 Posted - 12/10/2006 : 11:49:02 AM
|
I have done a lot of research and have yet to find anywhere that LEGALLY states the documents needing signed by a non-borrowing spouse on a primary residence in a spousal (dower, community property) state. Yes, this has nothing to do with State Notary Law/Code.
I once alerted a SS that the aptmt I had accepted was a married couple and the husband said the wife would not be present at the signing. The SS contacted the lender who was determined Iowa was not a spousal state. I said, well I've been doing this for three years and the hiring entity has always designated for a non-borrowing spouse to sign. This particular SS contacted the nna and was told this is not notary laws, contact a divorce attorney. We conferenced and called a divorce attorney who stated that if they were legally married whether living together or not the non-borrowing spouse MUST sign at least the mortgage. All the answers I find in this topic seem to be pretty much the same.......Mortgage/DOT, TIL, Itemization of Amount Financed, Any riders to the mortgage, RTC. The lender and/or title company can specify other docs in addition but these are usually the bare minimum. Unless you have written instructions with your order confirmation and/or lender instructions to have a non-borrowing spouse sign or the document has their name pre-printed this is not a call you can make. You have to contact the company that hired you and ask what they want the non-borrowing spouse to sign.
Linda Kassis
Midwest Notary Association
www.mwna.net
Nothing in my posts should be construed as legal advice. I am not a licensed attorney in any state. |
|
|
|
bajorek
6 Posts |
Posted - 12/06/2006 : 12:01:08 PM
|
Oh... and #5, the Error & Ommissions Agreement
Dana (again) |
|
|
|
bajorek
6 Posts |
Posted - 12/06/2006 : 11:59:14 AM
|
In Arkansas, the non-borrowing spouse signs the following:
Mortgage
Truth In Lending
Right to Cancel
Itemization of Amount Financed
Dana |
|
|
|
carson
North Carolina
30 Posts |
Posted - 08/07/2006 : 1:31:00 PM
|
| Not sure about where you are. However, in NC the non-borrowing spouse signs: 1) DOT 2) RTC 3) TIL 4) Errors & Corrections Agreement 5) sometimes there are Lender specific docs for the non-borrowing spouse to sign-saying they are ok with the spouse financing 6) often Name Affidavits are requested |
|
|
|
dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 02/28/2006 : 9:30:22 PM
|
If you purchase the 123 notary test, you are likely to find the answers in there. It is not expensive and worth every dime. Well said Bobbi.
Legal Eagle Para Professional Services |
|
|
|
BobbiCT
Connecticut
135 Posts |
Posted - 02/23/2006 : 01:32:31 AM
|
It is a test question, so I won't answer because the answer can be easily found with some research. It is not a "Notary Public" function to know this. The real estate answer also can depend on the state you are in. For example, CT is not a homestead or community property state.
As a kindness here is one document and a hint: I GUESS the question assumes non-borrowering spouse is co-owner of the house. John Jones and Mary Smith, married, own the house. John Jones works and has a GREAT credit rating. Mary has no income, declared bankruptcy prior to marriage a few years ago: not so good, as a co-borrower she really drags down the credit score. John is the only "borrower".
What documents would Mary Smith, as owner of the house but NOT as a borrower, sign at the closing?
Answer: Mortgage Deed and ...
Note: This is a generic "all states" answer. Different states have different criteria for non-borrowering spouse. The NNA never answers real estate law questions; only questions pertaining to notarizing documents. |
|
|
|
n/a
1 Posts |
Posted - 02/22/2006 : 01:37:15 AM
|
please help! i have never had a question that i could not answer.... until this one. i have been searching for 3 days,i even checked w the nna, so i am sending it out to the world. question:the non-borrowing spouse typically signs the following 5 loan documents.
anybody know???? |
|
| |
Topic |
|
|
|
| Mobile Notary / Signing Agent Discussion Forum |
© 123notary.com |
|
|
|
Tips for using the forum
The most important feature on the forum is the search box. You can look up a particular word, phrase, name of a company, and see a potentially large list of search results with which you can obtain data. Filters are also valuable. If you want to find popular posts, you can use the number of views filter. You can also see whats new with the active topics link. Email us at info@123notary.com if you need any help using the notary forum.
Resources
The notary public resource page is valuable as it has links to all of the free information pages for notaries. Pages linked to the resource page include a page that teaches you everything you need to know to get the most out of your listing. Another page teaches you all the secrets of getting paid. There is a link to our free list of signing companies. There is also a glossary, learning tools, and much more.
If you are a notary, the free tips we give are invaluable.
Popular pages
If you visit 123notary.com often, you might want to visit some of our most popular pages such as the California notary, Texas notary, Florida notary, and New York notary pages to browse the site. We also have valuable pages for notaries such as the free list of signing companies, and the resource page. Please also visit our get notarized and notarized letter page.
|
| |
Spousal signature requirements
