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jlissem
New Jersey
139 Posts |
 Posted - 01/06/2007 : 12:46:33 AM
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New Jersy Spousal State.
Spouse must sign Mtg. TIL & RTC if loan is on primary residence and they have resided there as man and wife. |
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Renee
Michigan
549 Posts |
Posted - 01/05/2007 : 8:33:35 PM
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This can be quite complicated as the procedures for each state are the sum of interpreting several different laws. Knowing the protocol for your state enables you as a signing agent to help your clients by alerting them to potential errors - but it shouldn't be your own decision, choice or interpretation of the applicable laws. Even summing them up as "spousal" or "homestead" states (which, btw, mean two different things) can be misleading.
MI, my own state, is held to several laws that result in the protocol of requiring ANY person who has a title interest (not only the spouse) to sign the mtg (kicks in the Fed law of also requiring TIL & RTC). The way the law is interpreted, this does not apply to purchases - meaning, a married person can purchase property solely - once it's purchased, the married person's spouse has a title interest. Consequently, even though that property was purchased "solely" - if it's re-encumbered (refi'd), the spouse must sign.
*Purely my experience, NOT intended as legal advice.
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Russ_WY
Wyoming
10 Posts |
Posted - 01/02/2007 : 10:40:57 AM
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Wyoming.
I also have a complete matrix in PDF format for each state. |
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 01/01/2007 : 11:17:15 PM
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New Hampshire is a spousal state. Even if there is only one borrower, the deed of trust, truth in lending, right to cancel, disclosures (all the critical documents except the note), must be signed by the spouse.
Legal Eagle Para Professional Services |
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jbelmont
California
3106 Posts |
Posted - 01/01/2007 : 11:06:55 AM
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| Which states are homestead ( spousal states ) and what are the loan signing requirements when in a spousal state? |
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USA - spousal states
