Posted by JanelWI on 1/7/08 9:14am
Msg #229194

Signing before the transaction date and dating the

paperwork for today, notarizing the paperwork for today yet all paperwork is dated for tomorrow, and I was instructed not to change the date on the RTC. Now this goes against everything that I was taught. Yet the lender is telling title and thus down to me to do it this way.

Any thoughts on this one?

Believe it or not, this is a first for me since I have been in the biz since 2002. I would like some additional perspective. I thought this was an automatic redraw, no questions asked.

Reply by Regal/NC on 1/7/08 9:22am
Msg #229196

IMHO: Date on documents irrevelent, notarized on the signing date no problem and RTC date no problem (extra day for borrower).

Reply by CJ on 1/7/08 11:55am
Msg #229242

I was always told that the docs CAN'T be signed before the date on the DOT, but if that's what they want, that is their problem. But you must put the date that you notarize. It if doesn't fly, that is their problem. You did what you were told. Maybe get names of who told you to cover yourself.

Reply by OR on 1/7/08 12:00pm
Msg #229243

I would call the person who hired you and ask them what to do. I have had that happen to me and I called and they said to go ahead and change the dates.

Reply by Howdy/LA on 1/7/08 12:15pm
Msg #229251

Let everyone at all levels follow the rules and we will be better off with less abuse in the industry and more protection for the public.

Reply by LKT/CA on 1/7/08 1:42pm
Msg #229294

<<<<Now this goes against everything that I was taught.>>>>>

Follow the LAW which can be the opposite of what lender says.

<<<<<Yet the lender is telling title and thus down to me to do it this way.>>>>>

Your commission is on the line listening to what they say as opposed to following the law.
TELL lender what the law says and let them know it's not a suggestion or an option, it is the LAW governed by your SOS.

Reply by JanelWI on 1/7/08 3:34pm
Msg #229318

Well, I checked with the SOS and technically I am there witnessing signatures. It is not their problem if the county rejects it. That is the lenders problem. We have it in writing that the lender requested this. So, they can deal with it. It is over 60 miles one way. I won't be going back to fix it. I made them aware and the TC was aware of my opinion on this.

I made it clear to the borrower that the DOT was dated for tomorrow and if she didn't want to sign today...that was fine. She wanted to because the original appointment was scheduled for today. Thanks for the input everyone.

Reply by sue_pa on 1/7/08 4:26pm
Msg #229330

...I made it clear to the borrower that the DOT was dated for tomorrow and if she didn't want to sign today...

WAY too much info given from you to the signer

Reply by JanelWI on 1/7/08 4:40pm
Msg #229334

Well, she asked the question. I said it was addressed and the lender approved the go ahead, and gave her the normal routine that if she did not feel comfortable signing that was her right, her decision as I am impartial, I present every borrower with a Borrower info Sheet explaining my role and services, nothing was said that should not have been...etc...she didn't seem to mind about the dates and she said she appreciated my efficiency and professionalism. So we will see how the rest plays itself out.