A simple thing to do would be call the title company…
Once i was told by a judge that we, as notaries, aren’t responsible for the content of a document.
if you’re not notarizing the doc, and it appears to be an informational form, NOT an AFFIDAVIT,
it’s not your problem
i prep and review all the docs in a package before i go to sign
If I see something confusing or a question on a doc or form
I call title .
Not only do I get an answer, but I also get a thank you from the tile company for asking.
I have found similar instances, and I now know what to do
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There are instances that couples are together, and not necessarily married, they could be engaged, entangled (lol) domestic partners and many other scenarios. Because all states have their own marital laws, I think this is way out of our league to make any determinations of what is and what it’s not. On the other hand, if the 1003 list a spouse and it’s check marked as such, then yes we have a duty to request their signature and the consumer would be required to respond to the requesting document. If they decline to do so, then, yes, absolutely have them to write a statement, attach it to that document and then of course notify your hiring agency and you’d be exercising due diligence. Scenarios like this is why people need to be ‘Certified Signing Agents’ and not solely classified as ‘Notary Public’. As Signing Agents, we are specifically trained to perform tasks that required by the lending industry and have a duty outside of the notarial acts to ensure that these documents are properly executed and that we have to have the basic knowledge of these documents to understand the requirements and interpretations.
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