Wednesday, August 19, 2015

How do same-sex marriages affect your mortgage closings in Kentucky?




In order to ensure that each of your closings proceeds as efficiently as possible and without "closing day" delays, this message summarizes a few key points about how same-sex marriages can affect your closings in light of the recent U.S. Supreme Court Case Obergefell v. Hodges, Director, Ohio Dept. of Health rendered on June 26th, 2015.
In Obergefell, the Court used the Due Process and Equal Protection clauses of the Fourteenth Amendment to eliminate any disparate treatment of same sex marriage couples and invalidate any state or federal law that prohibits or fails to recognize same sex marriage.

Therefore, here are a few simple rules you can apply to your closings:
  1. A same sex couple validly married in any state must be recognized as married in all 50 states.
  2. In Kentucky, due to dower and curtesy rights, each member of a same sex marriage will typically be required to attend the closing, and will likely be a necessary party to sign the deed and/or mortgage. This rule will apply regardless of whether the transaction involves a sale (Buyer or Seller) or a refinance (Borrower).







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