Posted by pat/WA on 10/13/08 11:22am
Msg #267149

Past date signing

Went to a signing last Friday. Docs to the borrower.
Docs were date 9/16/2008 and no settlement statement.
What should I have done? This was a first for me

Reply by LindaP/OH on 10/13/08 11:31am
Msg #267150

Call title and/or ss from closing table for instruction before doing anything--not for you to decide what to do.

Reply by pat/WA on 10/13/08 11:32am
Msg #267151

The signing was on Saturday. No one was available to take my call.

Reply by CaliNotary on 10/13/08 11:48am
Msg #267155

I wouldn't have called anybody

Whether it was a Saturday or not. It's their responsibility to send out the correct docs and I assume they're doing their job correctly. Even though we all know that's definitely not the case.

All calling anybody is likely to accomplish is getting your fee reduced from a signing fee to a trip fee. If the docs need to be redrawn then there's nothing that could have been done at the signing anyway.

That type of quality control is beyond our scope of responsibilities. Don't volunteer to put yourself in a position where you can get screwed out of money you're entitled to. They hired you to get those docs signed, so get those docs signed and let them worry about the date issue, if there is one.

Reply by jojo_MN on 10/13/08 11:34am
Msg #267153

I would have called the person that hired you and verify that they sent you the right docs. If they were the correct docs, any that the dates are preprinted (other than notarized docs), I would leave the dates alone. Any docs that weren't dated, I would have them date the current date. ALL notarized documents would be dated the day you signed, no matter what you are told. If a date is pre-printed in the notary section, put one line through it, print the correct date and only you would initial the change in the notary block.

I am not an attorney, . . .

Reply by pat/WA on 10/13/08 11:37am
Msg #267154

Saturday signing. No one to call!

Reply by Bob_Chicago on 10/13/08 11:58am
Msg #267157

Agree, BUT, after you tried to call , if no answer, leave...

VM and proceed as Jojo said.
Worst case , it will be a resign.
So long as you are there , do the best you can.
Sounds like dox were dated on date prepared.
Should not be a problem do proceed with hand dating
dox requiring a hand date an notarization as of the date of signing.
Only exception would be RTC and you should recalculate RTC date,
change to correct date. (Thursday October 16), and have bwr initial change.
Usually NOT necessary to change "transaction " date.
Have bwr handwrite in correct date on Signature line, and initial
if prior date had been typed in.

Reply by PAW on 10/13/08 12:04pm
Msg #267158

Generally, the date of the docs are of little concern in most cases. However, dated for almost a month previous would certainly have raised some questions. A lot depends on the type of loan and other circumstances. For example, a line of credit often doesn't create any liability until a draw takes place, so they are often not date sensitive, and there is NO HUD.

If I were to do the signing, I would ensure at least the following three things were taken care of:

(1) The RTC would need to be dated correctly using the date of the signing;

(2) All notarizations would be dated correctly, also using the actual date of the signing;

(3) Document the situation well and contact the hiring agency as soon as possible.

Again, since there was no HUD (Settlement Statement) and the signing date was significantly passed the document date, I would guess that it was a Line of Credit.