I have come across a few instances from different title companies and through different lenders, where the title team had the Non-Borrowering Spouse deed out with their now Spouse on Investment Property where the Non-Borrowing Spouse had never been on a deed in the Chain of Title. The 2nd Spouse had owned the property previous to marriage and also did not use the New Hubby/Wife on the Note. The Title Team thought Investment Property and Second Home meant the same thing. I had "Tabitha" in Title Curative tell me it was "the Law". However, she had no concept of what the Homestead requirements in Florida were. Basically it was the same with both on the Quit Claim Deed: "Betty Borrower formerly known as Betty Single, now married joined by her husband Benny Husband to Betty Borrower." (Incidentally no marital status on hte Grantee) Wouldn't it have been simpler to perfect title by doing a CMA, Non-Homestead Affidavit and vest on the QCD as follows: Betty Borrower, a married woman FKA Betty Single to Betty Borrower, a married woman, and oh yes, put the *Non-Homestead Clause on the Deed? I obviously do a bunch of closings for a variety of National Title Co.'s here in my County. That is why I am so aware of this. (5 in 2 weeks) This really makes me cringe as it pops up in the paperwork. I almost think that this is coming all from the same plant or offshore, because don't most of us who work with Florida Property, do it that way? Or does anyone know of any change "in the Law" out there that I am unaware of?
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