Posted by Pierces Notary Services on 2/4/08 11:07am
Msg #233976

what would you do?

I got called to do a signing on 1/30 - ended up rescheduling for 1/31 because HUD wasn't ready in time and BO had other things to do. Get the closing package on 1/31 in email from SS with the HUD and turns out she sent me the docs for the 30th and not the 31st. I didn't think anything of it because they sent me the docs directly from the SS with the HUD but now get call from SS - she said I used the wrong lender docs. I told her I used what she sent me. Oooops on her part. The title docs were correct date. Anyway, now she wants me to meet with them to resign and my question to her is - what date are they signing? the 31st she says - said no can do - it's illegal to backdate - so she says she'll call me back.

Reply by Kathy/ID on 2/4/08 11:15am
Msg #233978

In these "new" docs were there any that you would have to notarize?

Reply by Pierces Notary Services on 2/4/08 12:10pm
Msg #233988

She understood that there is nothing I can do about the notarizing that I'd have to date for the date I am notarizing, but is it legal for them to sign docs today with the 31st on it and date them for the 31st? of course my notary date would be the new date. I told her that I'm not backdating my notarizations. She said they are using the mortgage and the note from the 30th. I even had them redate the RTC. Why can't they use the other docs?

Reply by Sharon Taylor on 2/4/08 1:26pm
Msg #234004

Don't care what the borrowers date, just what I date

As far as what the borrowers put down as the date, that's not my job. They can put any date they want as far as I'm concerned, and it's up to the lender and title company to accept or reject it. The critical point for us as notaries is that our notarization clause is dated the day the party or parties actually signed.

Reply by sue_pa on 2/4/08 1:44pm
Msg #234006

unless

they are requesting Mary backdate. In that case, there is no point in meeting with the borrowers when the entire package will be rejected anyway and she won't get paid.

Reply by Pierces Notary Services on 2/4/08 2:22pm
Msg #234009

Re: unless

I waiting for an email confirming a telephone conversation that it is ok for me to date my notarizations for today. If they can't confirm it in writing then I'm not doing it.

Reply by Sharon Taylor on 2/4/08 11:23am
Msg #233982

I would have called from the table about wrong date

That happened to me once, and after getting to the table and discovering the "new" set of lender docs still had the old date, I called the SS, who called the title company. The title company agreed it was an ooops on their part, and they said to just ignore the incorrect date and have borrowers sign and date for the date of the signing. The title company said they would take care of adjusting everything with the lender since it was their fault.
In your case, if the SS got the new docs but accidentally sent you the old docs as the new docs, then the SS needs to take responsibility and explain to the title company that she goofed.
The first step on your part would have been to immediately call as soon as you saw the docs were still dated 1/30 instead of the day of the signing, 1/31, and ask if they sent you the correct package or not. It's far far far better to be a PITA and ask ask ask and have absolute verification than to assume and be wrong. Wrong is sooooo much harder to correct in this business!