Posted by Douw Smit on 12/16/05 11:41pm
Msg #83111

Treee signings in 3 different states

This question may have been covered previously, however I would like your advice on this issue. I was the second notary in a 3 person signing deal. Documents were shipped from Texas to Florida and I then shipped them to California once signed by the second person. When I received the documents in Florida they were post dated 4 days in advance so as to get the documents to all the signers. The signing dates for all 3 signers were already post dated on the documents as being signed on the final day ( the day the third person would have received the documents in California).
Notarizing the documents as the second Notary am I correct in notarizing them on the day the person appears before me and not the post dated days indicated on the documents. In other words I should draw a line through the post dated SIGNING days, fill in the current signing dates and have my client initial the current dates the documents were signed in the string of three. Notarizing the documents I should obvioulsy notarize the signature for the signing day not the post dated days. Am I correct? I hope my explanation is not confusing.

Reply by ReneeK_MI on 12/17/05 3:29am
Msg #83115

Any date you write, or any date that reflects the date of notarization, should be the correct, current date - you're absolutely right.

The borrower SHOULD date his signature dates current & correct, but that's the borrower's choice.

Just make sure you don't change any TRANSACTION dates! It is common and completely above-board to date the transaction to coincide with the dates the last signer will execute docs. This ensures that all parties are provided their correct min. RTC period - and the transaction can only have ONE date.

Reply by Premier Signing Services on 12/17/05 9:11am
Msg #83121

I would have changed the dates as well. It is illegal to post-date a signature on documents in My state. I never ask any of my notaries to post date anything. On split signings here, the recission does not start until the last person signs the documents and it goes from the date they signed the documents. As an example, if someone writes us a post-dated check, and it bounces, we have no way to collect on that check as it is illegal to accept post dated checks/documents in our state. Essentially, this could provide a loop hole for the borrowers to not have to re-pay this loan to the lender by having the documents post dated. Here, it would also allow the state to "recall" your notary commission for performing an illegal act.

Reply by B__CA on 12/17/05 12:27pm
Msg #83142

The only dates you as a notary should change would be on the notary certificates. They are always the day the person is before you.

Reply by Douw Smit on 12/17/05 10:04pm
Msg #83201

Thanks for all the feedback everyone. By the way it should have been three signings and not treee. My excuse: I wrote the message late at night.
Merry Xmas everyone!!!!!!!!!!!