Posted by snoopdogMs on 7/26/12 7:09am
Msg #428097

Split signing, first notary dated for the borrower

I closed a signing yesterday that was the 2nd half of the closing. The package had a number of errors which included the notary not lining thru the absent borrowers name in his notarial blocks. The worst infraction was that the borrower told me that the dates next to Mrs. Borrower was not her handwriting. He and wife are Indian and both he and his wife write with very small letters and numbers. She did date on "one" document in the whole package and it was so obvious that all the other dates were done by the notary. There were quite a few dates that the notary took the liberty to date. Do I notify title that the borrower made this comment as they will receive the package today?

Reply by Julie/MI on 7/26/12 7:58am
Msg #428102

not your problem, just do your portion properly and move on.

Reply by MW/VA on 7/26/12 1:37pm
Msg #428141

I agree with Julie. I've seen sloppy first-part

signings also. I'm hired to do my part, that's it.

Reply by HisHughness on 7/26/12 10:28am
Msg #428115

What is the difference in the document processor dating the document, and the notary doing so? The critical element is the signature; it is what renders the provisions of the document enforceable. I realize some lenders and title companies get their panties in a wad over dating, but that is simply lenders and title companies being anal. There is no legal or practical reason that the notary could not date the docs, just as there is no legal or practical reason that the docs could not come to the notary pre-dated.

Reply by SharonMN on 7/26/12 11:29am
Msg #428128

Um....no. The worst infraction was that the notary included in his notarial certificate borrowers who were not present and did not sign! Dates can be written or typed in by anyone, unless for some inscrutable reason the lender or title company insists otherwise.

>>>The package had a number of errors which included the notary not lining thru the absent borrowers name in his notarial blocks. The worst infraction was that the borrower told me that the dates next to Mrs. Borrower was not her handwriting.