Posted by DONNA CHAVEZ on 9/6/06 2:59pm
Msg #143879

Acknowledgments

Ok, I know this has probably been posted before, but I didn't see it on the message board;

I just got a call from a signing co. who previously told me the loan was funded and I got paid two weeks ago, she said the deed of trust was dated with the wrong date. She wants me to send her an acknowledgment with the correct date. I have been told in the past this is a no-no. Any advice out there in Calif.??

Reply by Sylvia_FL on 9/6/06 3:42pm
Msg #143885

I would never ever send a blank acknowledgment out. Did you notarize with the correct date - the date you did the signing? If they claim you didn't, I would ask them for proof.

Reply by Jersey_Boy on 9/6/06 3:57pm
Msg #143888

Anytime anyone claims that I made a notary error, I request that they fax me a copy of the entire document so that I can personally review it for the error.

Nine times out of Ten, I never get the fax, or hear another word about it.

I agree with Sylvia.... get proof first. If an error was made, correct it.

Reply by cyndi_ca on 9/6/06 4:53pm
Msg #143904

It's funny when you get the request then you follow up with "send me a copy" you never hear from them again.

I agree! Get the proof first before you do anything!

Reply by DONNA CHAVEZ on 9/6/06 4:46pm
Msg #143901

According to her, the date on the deed and the date of signing are different. she is requesting I mail her an acknowledgment with the correct date to match the date on the deed. I will contact her and request the docs be faxed to me. Because this request comes up frequently, has anyone out there ever done that? Send a completed acknowledment with a correction? Thanks for your help.

Reply by Ndwa on 9/6/06 5:04pm
Msg #143907

You are correct in acknowledging the borrower with the date of the signing. Unless you actually made an error in dating the acknowledgement, then what they are asking you to do (back dating) is illegal.

Reply by JanetK_CA on 9/6/06 10:42pm
Msg #143989

The date on the DOT (first page) and the date of the signing are often different and shouldn't be an issue, unless the entire package was date sensitive - in which case, they'd have done a redraw of everything. What you need to see is a copy of the signature page and your certificate, if they aren't on the same page. Compare to the dates in your journal, and unless you put an incorrect date on the certificate, you shouldn't change anything. Lots of good advice above...

Reply by Ernest__CT on 9/6/06 6:09pm
Msg #143920

It's unanimous: Never backdate. n/m

Reply by Blueink_CA on 9/6/06 11:00pm
Msg #144000

As others have said, the date on the ack must be the date the signer(s) appeared before you, regardless of the date on the doc.

Only twice have I sent a duplicate or corrected acknowledgment. Once, Title Co lost my original ack and after confirming I had actually notarized the doc, and the doc had not been altered, I sent an ack noting that it was "duplicate, to replace lost original ack". The other time was my mistake. I spelled Mrs Tiddwel as Mrs Tidwell (oops). I sent a corrected ack. I made sure to make a note of this in my journal.