Posted by aj_ca on 8/27/05 12:36pm
Msg #62216

right to cancel

Ihad a signing last night in which I signed husband 1st (borrower) Wife did not want to sign with him.(non-borrower) When I got to her, her DL did not have his last name on it and neither did her passport. Docs had her last name with hypen , then his last name. She showed me a marriage cert but I kindly refused to accept as I.D. The docs were date sensitive and loan broker said they would re-do docs on Mon to show her name as on I.D. My question. It seems that I need to change right to cancel on Mon but Borrower did receive all the disclosures last night. Loan broker says no and docs are date sensitive. Don't think he's right. I have read somewhere in these threads that borrower's can date any way they want as long as Notary doesn not backdate.Could this take care of the problem? The borrowers re-sign on Mon only the docs that are re-drawn with non-borrowers I.D. name with last night's date, but I still notarize with Monday's date.

Reply by PAW_Fl on 8/27/05 4:24pm
Msg #62237

Each person gets their own RTC. You signed the husband on Friday and the RTC is dated correctly for him. When the wife is signed, she will get an RTC with the dates pertinent to her signing.

Remember, there are three conditions that must be met in order for the rescission period to commence.

1 - The transaction (execution)
2 - Receipt of TIL disclosures (and that does not mean a copy of all the documents)
3 - Receipt of the RTC notice

Reply by aj_ca on 8/27/05 8:57pm
Msg #62269

Thanks Paw. Actually both signed and got the RTCS and the TIL. It was after signing wife found her DL and I discovered it would not work. My question is: Since the docs with her name are being re-drawn with just a name change to match I.D.can they put Friday's date 8/26 on them as long as I notarize with Monday's date 8/29 ? I thought I read on a thread here at one time that Borrowers can sign with any date if they want and since they originally signed on Fri, got TIL ,and RTCS on Fri, can they re-sign with Friday's date and leave the RTCs with Friday's date. The docs are date sensitive.

Reply by John_NorCal on 8/27/05 9:03pm
Msg #62270

You state "The docs are date sensitive"
I believe you have answered your own question. Think about it. And how did you ascertain the wife's identity in the first place? Didn't you match her name to the docs?

Reply by PAW_Fl on 8/27/05 10:22pm
Msg #62276

>>> It was after signing wife found her DL and I discovered it would not work. <<<

You should always ID the signers FIRST. There's no sense in completing or even attempting to complete a signing without first properly identifying the signers. How did you complete your notary certificates?

As for dates, I am a believer (and this is my opinion, not legal advice or interpretation) that the signers are responsible for their own information. As a Notary Public, I am responsible for completing the notary certificates with the proper and current date. As a Signing Agent, I tell the signers what the lender or title company instructs, and that they need to date the documents that makes them comfortable.

Getting back to your particular issue, if you didn't properly ID the signer, and the signing is complete, this is a much bigger issue. Were the documents returned to the title company or lender?

Reply by Ellen Serpa on 8/29/05 11:32am
Msg #62421

I did not fill out the notary certificates or send docs back to title company. I know I should have matched I.D. first and in this case it was really a mistake, but this was an unusual case. Wife seem to want to cause trouble and I did not match until after she signed. My basic question: Can they re-sign today using Friday's date so that rtc does not have to be changed as long as I notarize with today's date-the date they are signing?

Reply by PAW_Fl on 8/30/05 5:58am
Msg #62566

They (the signers) can sign on any date they want, and put whatever date they want next to their names. However, YOUR CERTIFICATES must reflect the day you do the notarization. So, even if the borrowers put Friday's date on the docs, YOU MUST DATE TODAY in your certificate.

Reply by aj_ca on 9/1/05 11:37am
Msg #63303

Thank you very much for your help. After much coaxing from several parties to accept her marriage license or an AKA affidavit & me continuing to refuse funder called me. She solved problem by having me go back to non-borrower's house and have her cross out name on that was not on I.D.and have non-borrower initial. She indicated lender would accept docs that way. I really was made to feel like the bad guy but knew it was the only way.