Posted by Smug/Fl on 7/3/06 7:17pm
Msg #130634

Late Date

had to do a loan signing, Husband signed, wife not there. She wont be there until two days later, Title Co. wants me to hold on to dox, have wife sign then return. Want me to have wife sign same date as Husband. They say no big deal. I think it is. Just wondering what others think.

Reply by Sylvia_FL on 7/3/06 7:20pm
Msg #130635

I wouldn't care what date the wife signs, just make sure your notarizations reflect the actual date she is appearing in front of you signing. (Often the docs that need notarizing don't have to be dated by the signer)

Reply by Smug/Fl on 7/3/06 8:25pm
Msg #130642

She is required to sign the RTC, and will have to date that only other doc I notorize is the Mort, so will have to attach an Ack, for that.

Reply by Sylvia_FL on 7/3/06 9:06pm
Msg #130646

The RTC needs to be dated for the day she is signing. She has to have 3 business days from the date of signing.

Reply by Ernest__CT on 7/4/06 12:58am
Msg #130667

Remember, each person's RTC begins when the docs have been received by them. If I've read the original Post correctly, the husband's rescission period will have ended before the wife's begins.

You should not have any problems as long as you explicitly state "John Smith only" in your notarial certificate that is dated when he signs, and "Jane Smith only" in the attached ack dated when she signs.

Reply by sue_pa on 7/4/06 7:53am
Msg #130679

disagree

She's going to have a problem because her client wants her to backdate - they don't care what is correct.

I personally would tell the company in no uncertain terms you aren't backdating. Let them make the call to have you complete the order with the correct date for the wife or to return the docs to them so they might find a backdater - don't know about your area but in my area that's apparently no problem. If you just do it the correct way and they are assuming you'll do it the illegal way and they won't accept that, they'll refuse to pay you.

We also know you're not going to court so don't fall for advice given on these boards that says what would the judge say about them refusing to pay you for illegal acts - take care of it now so it doesn't come down to a nonpayment issue.

Reply by ruru_CA on 7/4/06 12:22pm
Msg #130718

why can't you wait 2 days until the wife is back, and then have both sign at the same time?

Reply by Marlene/USNA on 7/5/06 11:25am
Msg #130861

Because the husband has already signed the docs. n/m