MortgageDocs Blog

Non-Vested Spouse

With more and more lenders expecting notaries to recognize when and what docs a borrower’s spouse should sign, we’re surprised to find out that this info is not easily available to notaries today. So to help you (the notary) complete the loan signing successfully, we’ve provided a list of document and state requirements.

Terms Defined:

• Non-vested means the individual is not on title.
• Spouse refers to an individual legally married to the borrower.

Spousal Docs:

• Mortgage/Deed and any Riders
• Truth in Lending
• NRTC (if spouse lives at the subject property)
• Itemization (if applicable)

Note: Some lenders may request the spouse to sign additional docs that are not listed above (including the HUD), but this instruction will be clearly documented in the package, on the signing request, or by an update.

Required States:

As you can see from the diagram below, most states require the non-vested spouse (borrowing or non-borrowing) to sign the spousal docs.

Additional Notes:

• The rules above apply according to the state where the property is located. Example: If you’re conducting a notary signing in Oregon but the property is in California, you must follow the spousal rules for California (which require the spouse to sign).
• Some lenders include pre-printed signature lines for the spouse while others do not. So it’s important to understand the state requirements and don’t hesitate to ask when you’re unsure.
• If the file is unclear or you want the lender to re-confirm the spousal requirements, you may put an update in SignSTAT prior to your appointment requesting the lender to verify.
• We’ve provided details for a non-vested spouse, but want to touch quickly on vested spouses. If the spouse IS vested on title he or she must sign the spousal docs, which applies in all states and whether the spouse is a borrower or not.

MARYLAND: Prince George’s county forms

Here are the current Prince George’s county tax forms for those notaries who keep copies on hand:

• Homeowner’s Certification of Principal Residence
  

• Finance Affidavit

For further details, see Maryland County Code, Part II, Subtitle 10 Finance and Taxation, 10-187 Transfer Tax.

VIRGINIA notary law changes

Effective July 1, 2007 you’re required to enter your “registration number” on your notary pages. [Code of Virginia, § 47.1-2 Notarial Certificate and § 47.1-8 Commission to be issued]

Additionally, your notarization must be on the same page as the signature of the person(s) you’re acknowledging. [Code of Virginia, § 47.1-15 Prohibitions #3]

CALIFORNIA: Subscribing/Credible Witness

Use this link to view and print a CA compliant Subscribing/Credible Witness form.Remember- A subscribing witness cannot be used on any docs listed under gov’t code ; therefore, this form of notarization is not allowed for any signings given by MortgageDocs.

CALIFORNIA: 2 Credible Witnesses

2 credible witnesses are allowed for signings with MortgageDocs when the borrower has a valid ID, but you’re concerned with the identity of the borrower.

Example: The valid driver’s license reads “Mary Smith”, but the name on the docs is “Mary Jones-Smith” (more than the name on ID). To further prove Mary’s identity as “Mary Jones-Smith”, Mary may provide 2 credible witnesses that will swear or affirm the person before you is in fact the person named on the docs “Mary Jones-Smith” (see Civil Code for further details).

CALIFORNIA notary law change

Effective 1/1/08, the verbiage on both the Acknowledgment and Jurat pages have changed. Lenders are working on including the proper notary pages in the loan packages. However, if the page does not meet the new requirements, please attach a correct notary page. You may use these links for approved notary pages (feel free to print out as many copies as you need):

• Acknowledgment
• Jurat

Also, check out Notary News from the CA Secretary of State website for further details and law changes.