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Angela V

California
37 Posts

Posted - 04/02/2017 :  3:36:15 PM  Show Profile  Visit Angela V's Homepage  Reply with Quote
Hi Carla. Most, if not all, lender packages have documents that address this issue. In fact, I imagine it is mostly done at the time of application. It is not the notary's responsibility to determine the legitimacy of any documents or loan packages. Our purpose is to identify the signers and gather signatures, within the scope of our state's regulations. Some states have "separate property" exceptions for married persons. Also, if they are not legal, then maybe they are not even legally married. Who knows? Again, not our responsibility to determine.

Angela V
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Carla

Tennessee
52 Posts

Posted - 03/13/2017 :  08:07:42 AM  Show Profile  Reply with Quote
Please be aware that those of you who live in a marital interest state have to have both spouses sign on the documents as you know..but am finding that some men/women are not telling the lenders that they are MARRIED because their spouse isn't legal... that they are buying property and refinancing as a single person and in the eyes of the lender this may be deemed as fraud. Just ask the borrower is he/she is married and advise the lender, document it and let the lender decide what to do. It will save you, the signing company and the lender and lot of problems and keep everything upfront and mainly..you are protected.
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