Waiver of Right of Homestead signature

[lns1122]

What is the name of your state (only U.S. law)? Illinois

I applied for and was approved for a second mortgage/home equity line of credit on my primary residence for which I am the sole owner. My husband is required to sign a Waiver of Right of Homestead and the form requires a notary.

I'm in Illinois and he is working for the next six months in Texas. He won't be returning to Illinois until the job is finished. Is a fax signature acceptable on this document? The bank says 'no' because it is a binding document. Second, must it be notarized or can he provide a color photocopy of his driver's license with his signature in lieu of notary when he returns the document.

[JETX]

Originally Posted by lns1122

I'm in Illinois and he is working for the next six months in Texas. He won't be returning to Illinois until the job is finished. Is a fax signature acceptable on this document? The bank says 'no' because it is a binding document. Second, must it be notarized or can he provide a color photocopy of his driver's license with his signature in lieu of notary when he returns the document.

Simple solution.... send the form(s) to him in Texas. He can then sign and notarize there and return the ORIGINALS to you.

[lns1122]

They were overnighted arriving in TX on Friday at the aprtment office. He picked them up this morning and went to Kinko's/FedEx to return them. Noticed that they needed to be notarized - no notary available until Tuesday at that location - and that the forms had Illinois and our IL county not Texas and his local county. The closing took place on Friday last and I need the proceeds to pay a maintenance bill on Monday.

Are you saying that fax sigs aren't legal on this document? Husband thinks they are and can't understand why the thing wasn't faxed a week ago when I first told them they needed the waiver. His solution was to return the document signed but not notarized and he included a color photocopy of his driver's license which includes his photo and a signature.

I'm retired from a federal government agency and somewhere in the late '90s we started accepting fax sigs on applications for service. The application was a binding legal document. Is this doc somehow different?

[HomeGuru]

Originally Posted by lns1122

They were overnighted arriving in TX on Friday at the aprtment office. He picked them up this morning and went to Kinko's/FedEx to return them. Noticed that they needed to be notarized - no notary available until Tuesday at that location - and that the forms had Illinois and our IL county not Texas and his local county. The closing took place on Friday last and I need the proceeds to pay a maintenance bill on Monday.

Are you saying that fax sigs aren't legal on this document? Husband thinks they are and can't understand why the thing wasn't faxed a week ago when I first told them they needed the waiver. His solution was to return the document signed but not notarized and he included a color photocopy of his driver's license which includes his photo and a signature.

I'm retired from a federal government agency and somewhere in the late '90s we started accepting fax sigs on applications for service. The application was a binding legal document. Is this doc somehow different?

**A: a faxed signature cannot be notarized in your example.