Minnesota Notary
Minn. Stat. § 358.14 requires:
“…if spouses join in and acknowledge the execution of any instrument, they shall be described in the certificate of acknowledgment in a manner that indicates they are married to each other…”
ConformX Software Enhancement
With the December ConformX software release, new Include Spouse Name in Security Instrument Names and Capacities Indicator (FI 187503) will be set by global standard value field mapping to “Yes” when the Property State (FI 1714) is Minnesota.
When Include Spouse Name in Security Instrument Names and Capacities Indicator is set to “Yes”, then Security Instrument Names and Capacities (FI 1816, prints in most borrower notary sections including on all security instruments) will be calculated to include the words “spouse of” and the spouse name of each borrower and non-purchasing entity whose marital status is set to “Married or Separated”. The related existing fields are:
- Borrower 1 Marital Status (FI 23681)
- Borrower 2 Marital Status (FI 24654)
- Borrower 3 Marital Status (FI 25640)
- Borrower 4 Marital Status (FI 26617)
- Borrower 1 Spouse Name (FI 33522)
- Borrower 2 Spouse Name (FI 33523)
- Borrower 3 Spouse Name (FI 33524)
- Borrower 4 Spouse Name (FI 33525)
- Non-Purchasing Entity 1 Marital Status (FI 33758)
- Non-Purchasing Entity 2 Marital Status (FI 33760)
- Non-Purchasing Entity 3 Marital Status (FI 33762)
- Non-Purchasing Entity 4 Marital Status (FI 33764)
- Non-Purchasing Entity 1 Spouse Name (FI 33759)
- Non-Purchasing Entity 2 Spouse Name (FI 33761)
- Non-Purchasing Entity 3 Spouse Name (FI 33763)
- Non-Purchasing Entity 4 Spouse Name (FI 33765)
Security Instrument Names and Capacities is imported rather than calculated in ConformX if Import Security Instrument Names and Capacities Indicator (118882) is set to “Yes”. Also note the spouse text will only print if the name of the corresponding spouse is populated.
Document Coding Changes
While the Security Instrument Names and Capacities field prints in most notary sections, the notary acknowledgments on the following documents print the borrower names by default since only the borrowers sign the forms by default:
- Compliance Agreement (Cx4)
- Occupancy Statement (Cx15)
- Manufactured Home Limited Power of Attorney (Cx6874)
The default notary document coding of the above three forms has been updated to add the text “spouse of” name of the spouse for each borrower set to “Married” or “Separated” when Include Spouse Name in Security Instrument Names and Capacities Indicator is “Yes”.
Some clients have custom document coding on these forms including the addition of other signing parties, and already print Security Instrument Names and Capacities in the notary section. None of this custom document coding has been modified.
The notary sections of the standard Signature/Name Affidavit (Cx865) and Signature/Name Affidavit (NPE) (Cx7986) print per borrower/non-purchasing entity, and therefore also do not print Security Instrument Names and Capacities in the notary section. These documents will not be affected by the software change and will not be modified however, since even if married the spouses will not “join in” on the same form.
Effective Date
These changes will be in effect on Saturday, December 2, 2023, after the ConformX software release. These document and software changes are available for testing on UAT. If you have any questions or concerns about these changes, please contact Client Support at 1.800.496.3584.
CX-6601
DR-146821
The preceding is for informational purposes only and is not and may not be construed as legal advice. No third party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices, and such third party should consult with an attorney prior to embarking upon any specific course of action.