Posted by Ali/IL on 9/21/06 9:52am
Msg #147430

I need help for today

I had a signing back in August. The title company called me back today and said that the Hud was incorrect and they just caught it.
The want me to return to borrower and have everything resigned all with that original date even the rtc. And, my certificate.

I questioned that and what they said since it is a replacement that I have to use all those original dates.

What do you think? I don't feel right about this.

Reply by Sylvia_FL on 9/21/06 9:56am
Msg #147434

You are right not to feel right about it. If only the HUD was incorrect they can send a new HUD to the borrowers for signing, it doesn't need notarizing.
Dollars to Donuts this would be a whole different set of docs etc. (Different terms too!)

Reply by BetsyMI on 9/21/06 9:56am
Msg #147435

I don't know why this is your problem if "the HUD was incorrect". What are they trying to pull? There's no reason for you to have to backdate because their HUD was wrong.

Reply by Poppy on 9/21/06 9:56am
Msg #147436

Ali, you know the answer. Don't let yourself be talked into

something.
You can never backdate.

Reply by SueW/Tn on 9/21/06 9:57am
Msg #147437

Interesting...had one like it the other day. Remember the borrower can date whatever date they like, your certificates CANNOT be backdated regardless of Title's error. Wasn't yours.

Reply by LkArrowhd/CA on 9/21/06 9:57am
Msg #147439

Re:Ali my first response is NO.....WHAT......... may I ask

you say back in August, middle last August? However this is the three weeks into Sept. sounds fishy to me and perhaps another's mistake.

Reply by Ali/IL on 9/21/06 10:13am
Msg #147444

Re: Re:Ali my first response is NO.....WHAT......... may I ask

Boy, this is tough.

This is a good paying and steady company for me.

I remember I was sent one package then called and told not to use the first package. I used the second. I don't have copies of the docs that were signed previously to compare.

I do see in the new docs that rtc has original dates on it. Someone is trying to cover up their mistake.

If this is for a new hud this certainly is a new loan.

Reply by SueW/Tn on 9/21/06 10:16am
Msg #147447

Ali, tread lightly here

Never compromise your ethics and principles for a "good paying and steady company". In the mix is the LAW, remember the lure of easy money is a tough path to walk.

Reply by Ali/IL on 9/21/06 10:26am
Msg #147455

Re: Ali, tread lightly here

I just learned that the loan amount on the hud was different from the docs.

The hud will stay the same. They want me to go back and just get the docs resigned with Aug.24th date.

I still know that the rtc and my cert has to show todays date.

I will insist again that they find someone else to go.

The borrower didn't even know what was going on .

Reply by Genkichan on 9/21/06 11:31am
Msg #147476

Re: What they need to do...

...is to create a HUD based on the docs that were actually signed, and then either eat the cost of that or turn to THEIR OWN E&O insurance for payment on the amount of money they are out because of the mistake. Having the borrower re-sign loan docs with different numbers, and backdating 3+ weeks is a terrible thing to ask the borrower, let alone you!

Reply by Ali/IL on 9/21/06 10:18am
Msg #147449

Re: Re:Ali my first response is NO.....WHAT......... may I ask

I just emailed them and said that since hud has changed this is considered a new loan.

I don't feel comfortable doing this. To please send someone else out there.

Now I am going to pray. Because this like I said before is a steady company for me out here.

Reply by Gary_CA on 9/21/06 10:24am
Msg #147452

Swallow a frog first thing in the morning...

and everything else will be better for the rest of the day.

You're going to get more business from doing the right thing here...probably from them, but if not from somewhere else. Integrity isn't the most important thing, it's the only thing.

Now get yer butt out there and see a new prospect today.

Reply by DellaCa on 9/21/06 10:42am
Msg #147464

Re: lol Gray, so very right n/m

Reply by Kate/CA on 9/21/06 11:01am
Msg #147469

They want you to take the legal responsibibity for their....

mistakes, I think not. Tell them to start driving.

Reply by Ali/IL on 9/21/06 12:21pm
Msg #147487

Re: They want you to take the legal responsibibity for their....

they just emailed and said want me to notarize with todays date.

But, docs will all have August date. No hud will be included with this package.

Reply by Ndwa on 9/21/06 12:40pm
Msg #147494

Bottom line

You already accepted this resigning job. You already have docs and know what's wrong with it. If anything bad comes about this loan in the future, your name is in it too. No matter how good or steady the pay is, I wouldn't want to be burried with dead fish.

Reply by ReneeK_MI on 9/22/06 5:16am
Msg #147681

Just fixing an error, not a big ugly thing

Let's take this apart slowly, and consider it reasonably, now that there seems to be enough of the details. The Hud that was previously signed was correct. There were at least two packages to the original signing, and it appears now that they had revised the loan amount, and the package with the incorrect loan amount was signed. With the time that's elapsed, the mtg has likely been recorded, the loan funded/disbursed, and nobody caught the error until now.

Mistakes happen, and now they're just doing what needs to be done to correct it. They aren't being under-handed, they aren't pushing their responsibility off onto anyone else, they aren't doing anything wrong, shady, illegal or bad. They're simply fixing a mistake. It doesn't happen often, (so it's reasonable to feel unsure!), but it happens.

The transaction date on the docs is going to be the Aug date, and YOU will date your notarial acks for the date you perform them. It sounds like they explained things to you well enough for you to feel comfortable, and that's my hope. You weren't 'wrong' to feel what you felt, and so many times - situations can be resolved with a little Q & A.