Posted by F2F/FL on 1/24/11 9:23am
Msg #369826

What makes a document a legal

document. My question pertains to whether or not the document is dated or not. What constitutes legal?

If the document calls for a signature and a date and the date is not filled in by the signer "then is it still a legal and binding document"? If the document ONLY asked for a signature then it SHOULD be legal and binding, but if the document has a __________ for the date and the signer chooses not (or it gets missed) to apply a date is it now (or still) a legal document?

On a signing that I did a while back the SA's instructions were that the signer was to do all the dateing in his/her hand writing only.
I hope this question is not confusing

Reply by Ilene C. Seidel on 1/24/11 10:01am
Msg #369832

I never date documents on behalf of borrower. If there are two borrowers and one is a little slow I will ask the partner to date for him/her. It should not be in your handwriting. If you look at the documents you'll find a printed date somewhere. Are they legal and binding if not dated? Depends on the mortgage/title company's legal dept.

Reply by JanetK_CA on 1/25/11 2:38pm
Msg #370039

Ditto. n/m

Reply by Les_CO on 1/24/11 10:03am
Msg #369833

The court ...JMO n/m

Reply by PAW on 1/24/11 10:19am
Msg #369837

A document is presumed "legal" until challenged and proven to be "illegal". For example, a contract between two parties, accepted by both parties, is legal and binding, unless the contract contains something that is not legal. The determination of legality is the job of the courts. So, if any document is challenged in court, the court will make the determination as to its validity and legality.

So, given that, whether or not a document is dated or not, may or may not make the document legal or not.

As for who should be dating the document, the signing agent should not add any comments, dates or other annotations to the document. (Notary certificates excluded.) The document is the property of the lender and/or title company and the recipient is the borrower/homeowner. Only the originator and recipient should be dating and signing and making any other annotation, unless a third party is expressly directed by the originator or recipient to do so.

Reply by FlaNotary2 on 1/24/11 11:49am
Msg #369850

IMO - and I am NOT a lawyer by any means...

It does not matter who fills in the date, as long as its correct.

I know that certain title companies/signing services have policies on this, but in my layman's personal opinion, I doubt that a court would throw out a document that is valid and "legal" on its face just because the date was not filled in by the signer.

Reply by F2F/FL on 1/24/11 12:17pm
Msg #369858

Re: Thank you all for your imput and

thoughts on this matter. If I ever have to sign something for someone else and it calls for a date to be filled by me, then I take that contract to be legal "as of that date" and no other. A commitment you might say.