Johnecoffey@…, Home Buyer in Amherst County, VA

I am a realtor in Va,recently I wrote an offer for a client on a nice house Chase kept the offer for about 3 months before I got a clear to close with

Asked by, Amherst County, VA Thu Sep 10, 2009

no contingencys two hours before closing we got a call telling us that his wife estranged wife needed to sign the deed of trust.We got 3 opinions from real estate attorneys and the represanitive from USDA saying this was absolutely not necessary.Can you help me get to the bottom of this and what kind of remedy can my client expect? This no joking matter and my client is very upset about this.I have always been an advocate of all loan officers,underwriters and closers that they have to have a licens before they can do business like I do and I am going push my politicans until I get it.

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Liz Steele, , New York, NY
Thu Sep 10, 2009
Do you work for Chase Bank?
Have you ever submitted apps to them before?
License is spelled like licens might be that they had trouble understanding what you sent them.

Liz Steele
Financial Specialist/RESPC
0 votes
Sandra Paulow, Agent, Pinetop, AZ
Thu Sep 10, 2009
Randy, I think we both said the same thing essentially. No matter what happens if this person is still married, wifey is going to have to sign documents of some sort.
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Randy Hooker, Agent, Chandler, AZ
Thu Sep 10, 2009
I'm no attorney either, and this is not a legal advice forum - but in Arizona there's no such thing, legally, as an "estranged wife." She's either his WIFE or his EX-WIFE. If he's still married, then to my knowledge she will HAVE to sign the deed of trust or a disclaimer deed. I'm actually not sure whether you're talking about the seller's wife or the buyer's wife - but if either one is still legally married, then my guess is that she will indeed have to sign, IF the transaction is going to close. And again ~ seek competent legal advice from a reputable real estate attorney and/or your Board's legal hot line.
0 votes
Sandra Paulow, Agent, Pinetop, AZ
Thu Sep 10, 2009
I am not an attorney so I can't really help you too much except to give you some questions your buyers needs to ask the lender. 1) Does the buyer need his wife's income to qualify for the loan? 2) Is VA a Community Property State? He may be able to take title as his Sole & Separate Property, but his wite would probably have to sign away her interest on the property in order for him to do that. Either way, it appears that her signature may be required at some point no matter the circumstances. Remember, at the end the lender holds the cards. If there are conditions that have to be met as a condition of funding, those conditions will have to be met or overcome. Bottom line, the lender has to be happy or the sale isn't going to happen. Good luck, I hope you get it all worked out.
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