Posted by MBCA on 2/17/06 12:46am
Msg #97879

Matching dates on Grant Deed, DOT and Note

I had a signing on a HELOC yesterday and they forgot to put the Grant Deed in the package. They want me to go back (they'll pay me extra) to get the Deed signed. I know the date on the DOT and Note have to match. What about the Grant Deed?

Reply by Kelly M Robertson on 2/17/06 6:20am
Msg #97890

MBCA:
If you're worried about the dates of notarization matching, quit worrying because they won't: Since you have to go back out to get the Grant Deed signed, the date of notarization WILL BE DIFFERENT and MUST be different because your signers appeared before you on a different date. Don't backdate, even if your client pressures you. It's not only a felony but it's forgery.

Reply by MBCA on 2/17/06 7:41am
Msg #97900

Thanks Kelly, I would never back date no matter what. I was just wondering if I should have them resign the DOT and Note to match the Grant Deed date?

Reply by Bob_Chicago on 2/17/06 8:28am
Msg #97913

Two dates on GT to deal with

Your notarizarion should, of course, be as of the date that the GT is
signed(acknowledged) before you
The date of the GT, however , should generally be as of on or
before the date of the note and mtg/dot
I have been told this by numerous TC folks.
Otherwise the mortgagors would not "own " the property until
after the "date" ( not signing date) of the mtg.