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#1427837 - 08/11/10 11:46 PM Dower Interest
jlroberts Offline
Diamond Poster
jlroberts
Joined: Sep 2009
Posts: 1,601
Ohio
Ohio requires that a spouse sign a morgtage due to dower interest even if they are not in title, does anyone know if Ohio requires a spouse to be able to rescind a loan transaction if they are not in title?

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#1427894 - 08/12/10 12:39 PM Re: Dower Interest jlroberts
bgehres Offline
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Joined: Mar 2005
Posts: 126
I've spent about a week trying to find the answer to this as well. We've always given the non-borrowing spouse the right to rescind. That seems like the safe thing to do. The one issue I am worried about is getting into some legal battle if the spouse rescinds when they don't have that right (even though you have to get them to sign the mortgage), especially in this judicial environment of "the bank always loses, no matter what".

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#1429992 - 08/17/10 02:45 PM Re: Dower Interest bgehres
pjs Offline
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pjs
Joined: Aug 2004
Posts: 10,321
oHiO
Dower interest is not ownership interest. ROR only goes to those "who's ownership interest in their princ residence is or will be subject to a lien to the creditor"

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#1431140 - 08/19/10 04:42 AM Re: Dower Interest pjs
jlroberts Offline
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jlroberts
Joined: Sep 2009
Posts: 1,601
Ohio
We have always treated non-borrowering and non-titled spouses the same - they sign the Mortgage, TIL and ROR.

The questions we are trying to answer are:

Is it a Reg Z violation if we give the ROR to a non-owner (whether it be a spouse or other occupant of the property)?

What is the risk, if any, if we continue giving the ROR to a non-owner?

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#1432571 - 08/22/10 12:13 PM Re: Dower Interest jlroberts
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
There is no regulatory violation. It would be come a matter of contract law rather than one of a regulatory requirement. If you gave a non-owner spouse the RofR and then refused to honor it, the risk is that you will be sued for breach of contract.
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