notary: Per lender spouse also needs to sign documents
signer: ok, she’ll be there
At signing–
signer: well we are going to get married
notary: congrats
(signer seems nervous)
signer : actually we are boyfriend and girlfriend we are not married
notary: let me make a phone call just in case
lender on call: What?!! They’re not married STOP THE SIGNING!!!
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@jennjoneis 
SIGNING TABLE SURPRISE Thank You for sharing your direct experience!
Please add this to the ‘book’ (currently in draft form) for Secrets Borrowers Keep from their Loan Officers. 
Maybe they’re simply unaware of the legal and financial ramifications of taking deed to the property . . . 
Truly, there’s NEVER a dull moment in our business industry!
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LOL! What a good book idea I’m on board
The girlfriend was not happy at all
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They flatout lied on their loan application = MORTGAGE FRAUD. Good catch!
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Just curious… What NAME was on her ID?
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I did not think of it like that. wow that is fraud WOW
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She had her correct last name on her ID not his last name
I know sometimes couples don’t change their last names
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Reminds me of when I did a signing and the guy was signing a sworn marital status affidavit and said well I’ve only been married 4 months.
Same thing, document re-draw required. I told him you can’t be just a little bit married.
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that’s a new one to me. I don’t think I’ve ever come across that document
Did he have to be married for a year or more?
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No he thought he could get away with not mentioning it or putting his wife on his deed. And that doesn’t happen in this state.
And the marital status is a sworn affidavit and I said what I always say, you’re swearing this is a true statement. And he went - well I haven’t been married very long. And I said, then signing this you are swearing you are not married.
We called and the lender re-drew the documents to reflect he was married.
If you are married but sign a sworn affidavit that you’re not married that’s fraud. I never tell anyone they are committing fraud, but every time there’s a document that includes information about loan fraud I show a signer the statement about loan fraud. Because they need to understand they are signing stating they understand and acknowledge loan fraud is a crime. And swearing someone for an affidavit, as a notary we tell them they are swearing the information being provided is true and accurate to the best of their knowledge.
He decided not to swear that. It was a good decision. He was afraid his loan wouldn’t go through, but it did.
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Good catch. That is fraud.
Yep! Sometimes we can get in such a routine in performing loan signings, that we forget the other part of our job is fraud prevention. Way to go!
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Thanks. Now I understand why in court the prosecuting attorney gets the person
talking. Most times people will tell on themselves.
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It happens to me very similar.
The closing was scheduled in a local bank, for a line of credit. The borrower signed a few documents and then he saw Affidavit of continuos marriage,
Borrower: We are planning to get a divorce, also we have court dated in a few days. (was refusing to sign the affidavit)
Me: I need to call the title company to know how to proceed.
The borrower: No, I will not sign the affidavit, cancel the closing. He left.
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Oh wow. That’s tough. I wonder if most U.S states are considered “spousal states”
@jennjoneis Great question! It’s complicated . . .
According to Rocket Mortgage, the following are Community Property States:
- Arizona
- California
- Idaho
- Louisiana
- Nevada
- New Mexico
- Texas
- Washington
- Wisconsin
Regarding specifics for Community Property States & Spousal States, please review this comprehensive PDF presented in chart format for further details:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.worldwidelandtransfer.com/wp-content/uploads/2017/10/MARITAL_SIGNATURE_REQUIREMENTS.pdf
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cNsa5 Thanks for that information. I’ll give it a look.
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@jennjoneis You’re Welcome!
The voluminous data presented within that PDF can seem a bit overwhelming; however, it’s excellent reference material! 
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Dissolution of property and that agreement would change any deed requirements anyway. But they should have told the lender they did not want to close before a divorce was final.; What a waste of everyone’s time.
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That happened to me very early on in my doing loan refinancing. They were in their 70’s and lived together for many decades. I had to walk away with almost 400 pages to shred. Luckily they paid me for a job done.
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