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 Spousal signature requirements
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60 Posts

Posted - 12/10/2006 :  11:49:02 AM  Show Profile  Reply with Quote
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

Nothing in my posts should be construed as legal advice. I am not a licensed attorney in any state.
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6 Posts

Posted - 12/06/2006 :  12:01:08 PM  Show Profile  Visit bajorek's Homepage  Reply with Quote
Oh... and #5, the Error & Ommissions Agreement

Dana (again)
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6 Posts

Posted - 12/06/2006 :  11:59:14 AM  Show Profile  Visit bajorek's Homepage  Reply with Quote
In Arkansas, the non-borrowing spouse signs the following:

Truth In Lending
Right to Cancel
Itemization of Amount Financed

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North Carolina
30 Posts

Posted - 08/07/2006 :  1:31:00 PM  Show Profile  Visit carson's Homepage  Reply with Quote
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
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New Hampshire
681 Posts

Posted - 02/28/2006 :  9:30:22 PM  Show Profile  Visit dfye@mcttelecom.com's Homepage  Reply with Quote
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
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135 Posts

Posted - 02/23/2006 :  01:32:31 AM  Show Profile  Visit BobbiCT's Homepage  Reply with Quote
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.
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1 Posts

Posted - 02/22/2006 :  01:37:15 AM  Show Profile  Reply with Quote
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????
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