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Because the husband is in Singapore and signing online they need to verify his identity. The online system asks you questions to verify your identity and because he has no credit history and his SSN is less than 2 years old, he's not on the system. He showed them his passport and Texas DL but that wasn't enough.

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SteveBott said:

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A POA must be notarized by a state notary. If he is in Singapore that is not possible. He has to be in the state.

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Dan Scott said:

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My friend closed on her house today. They just removed the husband from the deed.

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SteveBott said:

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Well you could fly a notary to Singapore.

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unmade bed said:

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the most cool guy said:

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Dan Scott said:

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My friend closed on her house today. They just removed the husband from the deed.

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That's good. There's zero legal reason whatsoever why both spouses would have to sign anything if it's only the wife who applied for and obtained the loan.

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Correct answer. If it's a purchase money loan and only wife is liable on the loan and only wife is taking title, no need to for spouse to sign the Deed of Trust. Default position of most lenders (and title companies) is to always "require" spouse to sign DOT just because it's easier than trying to analyze each individual situation but anyone that's says it's Texas law that is requiring spouse to sign in a purchase money situation when the spouse is not taking title, is either uninformed or being deliberately misleading.

Now if we're talking refinance and homestead property, totally different situation.

Here's good memo on the issue if anyone cares:

https://www.mortgagelaw.com/insights/client-memo-community-property-and-homestead-rights-in-texas-when-does-a-non-titled-spouse-need-to-sign-the-security-instrument/

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unmade bed said:

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the most cool guy said:

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Dan Scott said:

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My friend closed on her house today. They just removed the husband from the deed.

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That's good. There's zero legal reason whatsoever why both spouses would have to sign anything if it's only the wife who applied for and obtained the loan.

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Correct answer. If it's a purchase money loan and only wife is liable on the loan and only wife is taking title, no need to for spouse to sign the Deed of Trust. Default position of most lenders (and title companies) is to always "require" spouse to sign DOT just because it's easier than trying to analyze each individual situation but anyone that's says it's Texas law that is requiring spouse to sign in a purchase money situation when the spouse is not taking title, is either uninformed or being deliberately misleading.

Now if we're talking refinance and homestead property, totally different situation.

Here's good memo on the issue if anyone cares:

https://www.mortgagelaw.com/insights/client-memo-community-property-and-homestead-rights-in-texas-when-does-a-non-titled-spouse-need-to-sign-the-security-instrument/

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the most cool guy said:

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SteveBott said:

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Well you could fly a notary to Singapore.

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I'll help you in response to my last post. There is no such statute because what you said is false. A power of attorney does not have to be signed in Texas or signed by a Texas notary in order to be effective in Texas. The acknowledgment just has to comply with the laws of the jurisdiction where you're located, and the substance of the document should comply with TEC chapter 752. He can execute a Texas power of attorney form in Singapore, acknowledge it in accordance with the law in Singapore, and scan a copy to his wife. I've had clients sign affidavits and powers of attorney in all 50 states and in Australia, Mexico, Norway, and Canada to name a few. I know you used to be a TexAgs mod so you think you know everything, but maybe refrain from giving legal advice since you're not a lawyer.

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beerag04 said:

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the most cool guy said:

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SteveBott said:

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Well you could fly a notary to Singapore.

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I'll help you in response to my last post. There is no such statute because what you said is false. A power of attorney does not have to be signed in Texas or signed by a Texas notary in order to be effective in Texas. The acknowledgment just has to comply with the laws of the jurisdiction where you're located, and the substance of the document should comply with TEC chapter 752. He can execute a Texas power of attorney form in Singapore, acknowledge it in accordance with the law in Singapore, and scan a copy to his wife. I've had clients sign affidavits and powers of attorney in all 50 states and in Australia, Mexico, Norway, and Canada to name a few. I know you used to be a TexAgs mod so you think you know everything, but maybe refrain from giving legal advice since you're not a lawyer.

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There is an additional nuance here. To use a POA for a real property transaction the POA must be recorded. Recording documents with non-US acknowledgments is often not permitted and in the limited cases where it is permitted, requires additional steps. Any time I have a recordable document being executed in another country I require it be done by a US notary at the consulate or via electronic notary by a US notary in the state where it will be recorded.

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the most cool guy said:

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Just do a power of attorney.

When we closed on my current house, I had to be out of town for work that day, so I executed a limited power of attorney giving my wife full authority to execute all documents on my behalf necessary to effectuate the purchase the home, and I gave it to the seller's agent and the title company two days in advance.

To no one's surprise, on the day of the closing when my wife is there trying to sign for us, I get a phone call from the closing agent or whoever handles that **** as I'm sitting in an Uber on the way to a client meeting in Dallas. She was like "Hi, um, yeah, I've reviewed this document you signed, and unfortunately we can't accept it. The seller isn't comfortable with it, and our policy is to have both purchasers sign."

I just said welp, Texas law doesn't give you a choice. She has full authority as my attorney-in-fact to sign on my behalf, so you can either let her sign everything, or I will sue all of you tomorrow morning. Magically, everyone became just fine with her signing everything.

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swimmerbabe11 said:

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unmade bed said:

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the most cool guy said:

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Dan Scott said:

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My friend closed on her house today. They just removed the husband from the deed.

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That's good. There's zero legal reason whatsoever why both spouses would have to sign anything if it's only the wife who applied for and obtained the loan.

---

Correct answer. If it's a purchase money loan and only wife is liable on the loan and only wife is taking title, no need to for spouse to sign the Deed of Trust. Default position of most lenders (and title companies) is to always "require" spouse to sign DOT just because it's easier than trying to analyze each individual situation but anyone that's says it's Texas law that is requiring spouse to sign in a purchase money situation when the spouse is not taking title, is either uninformed or being deliberately misleading.

Now if we're talking refinance and homestead property, totally different situation.

Here's good memo on the issue if anyone cares:

https://www.mortgagelaw.com/insights/client-memo-community-property-and-homestead-rights-in-texas-when-does-a-non-titled-spouse-need-to-sign-the-security-instrument/

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Have you ever read an OP knowing the answer to something and read the responses and got excited that you can answer the question, then someone swooped in and eloquently answered the question before you got to do it?

I have.

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