Posted by cntrlcalntry on 4/20/06 1:11am
Msg #114697

Date on Deed

Had a last minute signing this evening. L.O.was rushing me out the door as I was printing the docs. Needles to say I did not get a chance to look them over. Get to the signing and they were dated for tomorrow. I know, my bad for not just taking a few extra minutes to look them over, lesson learned. I called the L.O. and he said to just redate the deed and put my initials that I made the change. I told him I did not think it was recordable that way and am set to go back out first thing in the morning. Should I have just done what he said or did I error in making the decision of doing what I thought to be the right thing?
I am tired so I hope this makes sence(sp) and appreciate the feedback.

Reply by fiKS on 4/20/06 1:46am
Msg #114702

Had a similar one yesterday. The date on docs (including deed and note were for next day). Called TC at table and they said not to change the date of the docs but go ahead and put the actual signing date in where ever dates needed to be filled in. Doesn't sound logical but I did what they said to do.

Reply by PAW on 4/20/06 6:46am
Msg #114720

We do that all the time. There is nothing illegal about signing documents that have an effective date in the future as long as the acts are dated for the day they are done. I did a "pre-sign" on a sale of a new home just yesterday. The buyer was leaving and would not be available to sign on the actual closing date, so he signed everything the day before. Of course, nothing was completed on the signing day, but will be on the effective day. So when the buyer returns, everything will be in place and he can pick up his keys, title, mortgage documents and refund check.

Reply by cntrlcalntry on 4/20/06 8:26am
Msg #114730

Re: Thank you! n/m

Reply by TRG_wy on 4/20/06 9:46am
Msg #114747

Re: Thank you!

I think I have to disagree here. The documents do not "legally" even exist until the date indicated on them.
I have had to cancel two recent closings at the table due to this. I will not risk losing my commission (or other liabilities) by "pre-dating" non-existant documents. The county recorder may refuse to record the docs too - then where are you?

Reply by PAW on 4/20/06 8:03pm
Msg #114950

Re: Thank you!

>>> The documents do not "legally" even exist until the date indicated on them. <<<

Can you or anyone please show me where there is any "legal" definition of when documents "exist". I will admit that there may be conditions that will not exist until some future date that would make the contents of the document unenforceable until that date, but the document upon which it is written certainly exists.

Besides that, in most if not all states, the notary is not concerned with the legality or contents of a document, unless the notary has specific knowledge that the document contains illegal statements. The ack or jurat is based on the signer and their signature. As long as the date in the notarial certificate is the date of the act, any dates within the document are immaterial.

As for the county recorder refusing to record the instrument comment, all that I can say is I've never had one rejected because signatures were notarized on the day before (or in some cases, weeks before) the effective date on the mortgage.

Reply by Pro_CA on 4/20/06 11:53am
Msg #114806

The county WILL allow a crossed out date on the DOT in CA(make sure the borrower intials). The person giving the job has the last say, as long as its legal. If they want you to cross out the date, do it!