Posted by Nichelle Hampton on 10/27/06 12:52pm
Msg #155543

Quick Question regarding Ohio docs

I went on a signing Oct. 24th. Only the husbands name was the majority of the documents. I had him sign and date & his wifes name was on a few of the documents & I had her sign and date those. According to the TC, her signature should have been on ALL the documents whether or not her name was actually on them. So I went back out on Oct. 26th and had them sign (AND DATE) all over again ON THE 26TH.

Here is the problem...the loan funded on the 24th without the docs! The couple received the check while I was there on the 26th. I fed ex the docs to the back to the title company and they received them this morning and they've asked me to BACK DATE (WHICH I WON'T DO) THE DOCS.

Is there ANY other way I can handle this situation? All comments and suggestions are welcome.

Reply by Roger_OH on 10/27/06 1:11pm
Msg #155554

Was the wife a non-borrowing spouse in the first situation? If so, she only has to sign the RTC, TIL, MTG and certain title docs. If she wasn't a NBS, then it's not your responsibility to determine what docs she is to sign if her name isn't on them.

I'm also guessing there wasn't an RTC here (purchase? investment property?) as the loan couldn't have funded until it expired. In any event, any docs they want you to have re-signed can be dated any date by the BOs, BUT any signatures you notarize MUST have the correct date of notarization. Ask them to put their backdating request in writing on their letterhead, and you'll run it past your SOS office - that usually works. None of this is your fault, and you're not going to risk your commission by committing a felony.

TitleGal may have some additional insights.

Reply by Nichelle Hampton on 10/27/06 1:55pm
Msg #155564

Thank you so much for your response.

Actually, it was a trust situation. The couple received the property in trust. They pulled some of the equity out of one of the properties they own outright.

I had her sign the TIL, Mortgage and all Riders.