Posted by Mdene_AZ on 7/24/06 11:42am
Msg #134983

Cross out dates on docs

Should I have the BO cross out all the typed in dates and put in another date and initial? We were to sign on the 18th. BO could not sign until the 19th. The company knew that. So, we signed the 19th in everything we did. Now Signing company is sending the docs back to me so BO can cross out 18 and put 19 everywhere it appears on the docs.What say you?

Reply by Charm_AL on 7/24/06 11:49am
Msg #134986

another example of communication with the company. Whenever there is anything that deviates from the norm, always inquire. In this case they should have been asked about the dates of the docs and signing dates being different. So, if they need the borrower to re date and initial, that's what they need to do. Not making sure of everything leaves you open to a free trip or expensive lesson.

Reply by MistarellaFL on 7/24/06 12:20pm
Msg #134992

Charm is right.
Cal the hiring company-even if they ask you to leave dates as is, the
only date you must be concerned about is the date in any acks or jurats.
Those dates MUST reflect the actual date that the borrowers sign in your presence,
pusuant to your state laws.

Reply by Mdene_AZ on 7/24/06 12:49pm
Msg #135000

Thanks for all the input. I do 3-50 signings a month and have never been asked to do this before. The docs did not even arrive until the day we signed them.

Reply by Lynn Lowry on 7/24/06 2:08pm
Msg #135018

I note that you wrote than the "Signing Co" asked you to go back for the borrower to correct and initial the date change. I wonder if it was at the direction of the title company.

I would have called the SS or TC to ask for direction if the documents were not dated the date that they were signed. If I couldn't reach anyone, I would have had the borrower sign using the date of the signing, correcting and initialling any pre-printed dates, and I would use the correct date in the Notary section. I would not have had the borrower correct any dates in the documents themselves.

IMO, the TC could not change the dates on the documents under the authority granted to them by the various correction agreements, as the documents being dated the day before the signing was not a "clerical error".

I can't think of any problems that would result if the docs were signed after they were dated, except the figures on the HUD might change a bit, and the rescission date would change, affecting the funding.

Reply by CaliNotary on 7/24/06 2:24pm
Msg #135022

I wouldn't do any of this

Most of the signings I do don't have the same date on the docs as the day of the signing. I don't know about other states, but in CA that's not a problem at all and I'm not going to waste my time, nor look like a clueless newbie, by calling and asking what they want me to do about the dates.

If they sent the docs with the wrong date for their needs on it, it's their responsibility to contact the notary and tell them they want it corrected, not just assume that it'll get done when as far as I know it's not standard operating procedure in the industry.

I say charge em for a second trip, this sure as heck isn't anything you did wrong.