Hello, I am a new notary and so far all has been well. However, I ran into a situation where the husband and wife were listed on the deed but the wife is not present for signing and does not want to be included. I reached out to the TC and loan officer but received no help. How am I to proceed? In MS, she has to sign since her name appears on the deed so the common sense thing is to stop the signing right?!? But the TC that assigned this is not helping at all. Please help?!?
If she’s refusing to sign there’s nothing you, at the signing agent, can do. Can’t continue the signing of all parties are not present and willing.
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Yeah. That’s what I was trying to get the lady with the title company to understand that. But I eventually got in contact with the loan processor and she was able to help.
Always check with title/lender before leaving in a situation like this. They may attempt to convert this into a “split” signing. The Wife may have been willing to sign, just maybe not with him there? Also, not familiar with what state this took place in, but in my state, we are a 'Dower" state and the spouse is required by law to be on the deed (but not the loan), so if this is the case for your state, they may have just not known that. See below
https://www.quickenloans.com/learn/dower-rights
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Yeah. In this situation the wife wanted nothing to do with the loan or the house. She didn’t want her name on anything. They ended up canceling the appointment and are getting together a quit claim deed.
It took place in MS and she’s required to sign.
Oh ok, yeah there are only 3 states that are Dower (KY,AK,OH). Sounds domestic in this case.
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