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1st Quarter 2004 • Volume III, 1

To better inform and educate our notaries across the nation, NotaryPro's newsletter is published on a quarterly basis. It celebrates the singularly most important company resource…its notaries! We will illustrate our company’s goals and objectives, and in the process, be reminded of the opportunities and responsibilities we share on a daily basis.

The Mission of NotaryPro is to provide our clients with timely and accurate signings through our superior service, the latest technology, and the most qualified and dedicated notaries nationwide.

An Explanation of Security Instruments (Dower Instruments)

Usually in a community property state such as California, it is common for a lender to request the non-borrowing spouse to sign security instruments only, even if the spouse is not on the loan.

The lender has the non-borrowing spouse sign the security instruments to alert them that the borrowing party is placing a mortgage lien on the property.
In a "community property" state, the property is considered to be part of the joint assets (unless specified otherwise by law) and therefore the lender must disclose to all parties that have interest in the property.

What documents will need to be signed by the non-borrowing spouse?
The lender only requires 3-5 documents to be signed by the non-borrowing spouse. These loan documents should already be pre-typed with both party's names below the signature lines.
A notary should take care NOT to have the non-borrowing spouse sign the entire loan document package. This would be incorrect and a new set of documents would have to be re-signed. Security instruments are considered to be:

The Deed of Trust/Mortgage
The Notice of right to Cancel
The Federal truth-in-lending disclosure statement (Has the boxes on top)
The Itemization of amount financed
The Sect 32 document (If applicable)

I was told that the non-borrowing spouse would have to sign the "security instruments" but their name is not pre-typed on the documents. What should I do?
The best way to handle this is always to call into the NotaryPro office for directions on how you should proceed. You may be instructed to have the non-borrowing spouse sign the security instruments and handwrite their name below the signature line. In any case, always call the lender or signing service for instructions while you are at the appointment.



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