Posted by JanelWI on 6/24/06 5:31pm
Msg #127991

First for me!!

I have a closing scheduled for tomorrow and the Lender docs are dated for Monday instead of Sunday. All Lender docs. Got the Title docs from Transcontinental and they are all dated for Sunday. How do I salvage this?? I of course can not get anyone on the phone to tell me if I can strike through the dates and correct them or not. What do I do with this one? I can't have the borrower sign for the 25th when the docs are dated the 26th. Personally I feel it should be a re-draw, but has anyone run into this and been able to fix it on a weekend? I don't feel I can assume it will be ok to just strike all the dates and hope it will fly.

Any suggestions...????

Reply by PAW on 6/24/06 6:34pm
Msg #128009

It's not your problem. From a notarial viewpoint, the date on the docs are basically meaningless. Only the date of your notarizations of concern and must be the actual date of the notarial act.

From a signing agent perspective, you may be somewhat concerned, but, doing your job correctly, on the date you are to sign on, is what really matters. The lender probably has dated on the docs with the effective date of the transaction, which would be on Monday, but there is no harm in "pre-signing" documents. The title company and lenders that I work with on a regular basis do this frequently. These are 99.9% purchases and nothing takes effect until the transaction date, and no monies (or keys) are disbursed until the transaction date and funding approval. So, I wouldn't lose any sleep over it.

The preceding is a personal opinion of the author and is not to be construed as legal advice or a legal opinion.

Reply by calipat on 6/24/06 7:00pm
Msg #128016

I actually had this happen to me today. I did not even realize it until we came upon the RTC and it had Monday's date. I checked the DOT and sure enough it had Monday's date also. The borrower's called their LO and she said it was fine to go ahead and sign...so they did.
The loan docs were the only docs with the 26, the escrow docs had the 22.
I should have caught it before I left, but I had 5 packages dropped off by FedEx today and 6 signings I just glanced through them when I got them.
Can't remember who the lender was last year, but I caught the dates before I left for the signing and they did not let them sign until that date or after.

Reply by Ernest__CT on 6/25/06 7:29am
Msg #128095

Always notarize with the current date. Period.

If the borrowers choose not to correct the dates on the documents not requiring notarization, that's up to them. A notary must NEVER pre- ot post-date. Ever.

As an extreme example, what would happen if you were to date the notarial block for tomorrowm and the borrower were to have a heart attack and die tonight?r

Reply by JanelWI on 6/25/06 11:00am
Msg #128121

Re: I would have borrowers sign for today...period,

irregardless of the date on the docs. I would not post or backdate my notarial certs. But without being able to speak to anyone to see if it is ok to sign the 25th on everything...I am reluctant to assume that it is ok with the lender. I am sure the Title docs will be ok to sign for tomorrow, but the lender is one I have never worked with. World Savings Bank? Does anyone have any experience with them and do they typically date docs after a requested signing date? The requested signing date is the 25th and all docs are dated for a transaction date of the 26th.

Sometimes I just hate weekends!:-)

Reply by Sonia Pascher on 7/31/06 4:05pm
Msg #136319

Never ever have the docs signed with a pre date. If the borrower chooses to exercise his/her rescission rights, you might be in big trouble due to the problem with the dates!