Deed of Trust and Tenancy

I am fairly new to loan signing and have notices that not all DOT state what type of ownership is being conveyed. Recently I had a borrower refuse to sign because the DOT had XXX husband and wife and they wanted it to read Husband and Wife, tenants by entirety with right of survivorship. I was at a loss because they wouldn’t sign and I did not know how to approach this problem!

Refer them to their loan officer or put a call into hiring party/title - this is not your question to answer or issue to address; this is outside your purview and is up to title to straighten out. Approaching this problem yourself (unless you’re in Louisiana) would be considered Unauthorized Practice of Law (UPL) and could open you up to severe sanctions.

Thanks, for the quick response! Still not sure why some DOT have tenancy and others don’t? For the ones that don’t where would I find tenancy in the refi loan package?

I would suspect it’s right in the language of the DoT - it’s how they took title. Again, not your circus, not your monkeys - don’t get tangled up in this - if they have these questions, call title and get someone to speak with them or have them call their loan officer to get their answer.

Got it, thank you!! It would be great if the lender, signing company and or title would answer their phones!