Posted by VICKY/NO_CA on 9/12/06 10:18am
Msg #145440

Need Advise..Loan CX due to incorrect date

I did a signing for a SS and did not notice that the docs had the next days date on them. Even had I noticed I would not have pre-dated anyways....The SS called and said that the loan was cx due to notary error. I do take responsibility for not catching this and would gladly resign if there is a redraw at no additional fee. My issues are what role does the LO (borrower called him during the signing, and nothing was mentioned about the date) and the SS have in this ? As usual the signing was last minute RUSH RUSH RUSH as the borrower was flying in late that evening and flying out early the next AM, in fact she was in such a rush that the signing took place on the hood of her car !!!! Now the SS is upset stating this is 100% MY fault and states she "depends on her notaries to catch this kind of stuff"... How do you all handle situations when loans do not fund ? Am I legally responsible ? Thanks for any input.

Reply by SarahBeth_CA on 9/12/06 10:40am
Msg #145446

When you get a last minute call for a rush, rush, rush order you can't be the "teacher" who is correcting the homework. Each state and each lender has different rules on docs. Some have to be signed that day, some don't, some can be signed before the preprinted date, some can't. IMO they are the ones responsible for making sure the paperwork is correct for their business. You should be paid in full to go again as well as the last minute assignment. In CA all the ones I did the date didn't matter as long as we dated the date we signed. In TX it is my understanding that you sign on the date that is preprinted.

Who's the ss?

Reply by VICKY/NO_CA on 9/12/06 10:57am
Msg #145449

SS is Pronotaries 4 U out of Corona. Owner is Connie who is very high strung !!! We have been playing phone tag and I have yet to talk to her personally, but want to call her today, just not sure what to say.

Reply by Calnotary on 9/12/06 11:03am
Msg #145452

I dont think you are responsible for doing the quality check, if some lender forgot to include the 1003 or any other doc that's their responsability. The same with the dates, we are there to be 100% sure that the person in the document is the one in front of us signing. You should get a full fee for your work and another full fee if they call you again to do the resign. Dont take the SS B.S.!

Reply by Jersey_Boy on 9/12/06 11:05am
Msg #145453

Question for Vicky/NO_CA

Vicky,

Does the confirmation from the SS specifically state that if docs are dated blah blah blah????

If you were not given specific instructions to notify them if the dates were anything but a specific thing, then it was not part of your duties. Period.

Get your money for the first trip, if they want you to go out again, get your money for the second trip.