Posted by Alz on 12/15/09 9:52pm Msg #314544
Scenario based question...Two borrowers are
at the signing table. After signing several pages, borrower #1 get ills and leave. Borrower #2 decides to stay to complete their part. The next day or so you meet with borrower #1 to complete their part. Question... What date are you going to use for borrower #1?
BTW...I used the orange search button, but came up empty handed.
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Reply by Roger_OH on 12/15/09 10:05pm Msg #314547
Notary 101 - Using a loose acknowledgement form, you notarize the second borrower on the EXACT date he/she signs before you - NOT the previous day's date!
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Reply by Alz on 12/15/09 10:13pm Msg #314548
Yes, that is correct...so...why is it that the TCs, LOs, EOs, SSs, etc.... and other are hell bent on having the NSAs use a date other than the "EXACT" date he/she signs before you.... Just curious...lol
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Reply by Maureen_nh on 12/15/09 10:38pm Msg #314552
Docs are dated--signing should have been adjourned due to illness]
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Reply by Alz on 12/15/09 10:45pm Msg #314554
One would think, but
TC had signing continue because borrower #2 would no longer be available.
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Reply by JanetK_CA on 12/16/09 12:00am Msg #314562
Not all docs are date sensitive. Depends on lender. n/m
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Reply by Roger_OH on 12/15/09 11:04pm Msg #314555
Because it's not THEIR commission at risk for committing a fraudulent act; their only concern is getting the docs signed, by any means necessary. They often have no clue as to what the responsibilities of a notary truly are, or just don't care.
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Reply by Alz on 12/15/09 11:08pm Msg #314556
You said it! n/m
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Reply by LKT/CA on 12/16/09 12:27am Msg #314567
Did signer #1 have a sudden rush of illness or was it a progressive "I'm not feeling well" sort of ordeal? If gradual, I would have pulled out the docs that needed signatures notarized and at least got those done so the notarizations would all have the same date. The rest of the docs could be dated whatever (of okay with the TC) but having the notarized ones done same day would have solved the problem.
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Reply by Alz on 12/16/09 8:09am Msg #314572
It was sudden.. n/m
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Reply by Linda_H/FL on 12/16/09 8:21am Msg #314573
Re: It was sudden..
The date you sign ill Borrower is the date you use for them - no backdating - along with NEW date on RTC as her rescission period is different -
All, of course, with approval of title since funding date along with numbers on HUD may change. Also, added fee for second trip - essentially you're doing two signings.
MHO
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Reply by Bob_Chicago on 12/16/09 11:58am Msg #314598
"her rescission period is different" Not necessarily. RTC
date runs from date of delivery of TIL and 2 copies of RTC to party. If those dox are delivred at "first "signing, I am not sure that a new RTC date would have to be computed. Lender's/TC's call , of course, but IMO law would not require it
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Reply by Linda_H/FL on 12/16/09 12:03pm Msg #314600
Re: "her rescission period is different" Not necessarily. RTC
She said she met next day with ill borrower...operative word, I guess, is *IF*......
*IF* the RTC was delivered to her and she signed receipt of it the first day, then I agree...however, *IF* not, then later rescission expiration date would apply (Unless docs are backated).
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Reply by Linda_H/FL on 12/16/09 12:06pm Msg #314601
Should add *IF* OP got far enough into the signing to
make delivery of all the required docs - and have them signed by the ill borrower...
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