Posted by Jersey_Boy on 12/12/05 1:34pm
Msg #81960

Changing Dates on the Mortgage/Deed of Trust

I recently did a signing which the dates needed to be changed on the docs. As I have always done in the past, all dates that were incorrect were crossed off, re-written and initialed by both borrowers. INCLUDING the date shown on the first page of the Mortgage/Deed of Trust.

Today, I got a call from one of the companies that I work with that this is not allowed. I explained that I have done it this way many times without issue, but they insist that the date on the first page can not be changed.

By the way, when I took the assingment they told me .... and i quote "CHANGE ALL THE DATES TO REFLECT THE SIGNING DATE AND HAVE BOTH BORROWERS INITIAL"

Any opinions?

Reply by Brian_MA on 12/12/05 1:37pm
Msg #81962

Sounds like you are the scapegoat for the SS mistake. If they told you to do it one way, and then come back and tell you that you were wrong, thats their fault. Incidentally, I know here in Massachusetts, the registry would take a mortgage with a corrected date, as long as it is initialed by the borrowers. You are right i think.

Reply by MaggieMae_CA on 12/12/05 3:32pm
Msg #81999

The CA MoJo I record in has a spot for the date of the notarial act and a space for the document date. I receive docs all the time with one date when the signing is another. I always verify that the documents are not date sensitive and are not stale dated. I do not correct the dates on the documents, but do use the correct date when I am notarizing and tell the borrowers to put the correct date next to their signature.

I haven't had a document kicked back yet. Hopefully it'll stay that way.

Reply by Premier Signing Services on 12/12/05 4:43pm
Msg #82010

I know on ones that I have done here in Missouri, that the date on the DOT can not be changed or the county clerk will kick it back. It has to be printed on the document. However, the date I write in when it is notarized can be different than the one that is printed byt hte lender. This has never been an issue with our clerk. They go off of the date written by the notary not the printed date.

Reply by Sondra Crenshaw on 12/12/05 5:03pm
Msg #82012

You should never change dates on docs, even if a SS tells you so! The only dates you may change is the right to cancel and make sure the borrower dates and you notarize all docs for the date in which the signing occurs. The next time a SS tells you anything you make sure you get their name and any other information from them for your own protection.

Reply by Anonymous on 12/12/05 5:25pm
Msg #82013

My understanding also. The clerk will reject it. You cannot change the mortgage date.

Reply by Tina_MA on 12/12/05 8:13pm
Msg #82034

When given instructions verbally, I always request that I am sent these in writing (either email or fax). This way there is no question as to why something was, or was not, done.

Reply by CaliNotary on 12/12/05 10:16pm
Msg #82067

Make sure you charge full fee if you go out to correct it. If the SS gave you bad information they need to eat the cost, not you.

And I don't know about Jersey, but out here it's pretty uncommon for the dates on the docs to match the date of the signing. Most of the ones I do are dated a day or two prior and they stay that way.

Reply by Jersey_Boy on 12/12/05 10:35pm
Msg #82071

Thanks Everyone!

Thank you everyone for your imput! It is appreciated.

I spoke with a friend of mine who works for a Title Co in NJ, she said that the recorder's office will accept the change as long as it is initialed by the borrowers. She also said that this is not really a necessary change, but still acceptable.

As they say, live and learn... no matter what the TC/SS wants done... GET IT IN WRITING!