Posted by VioCa on 7/14/09 10:48am
Msg #295802

Question for California Signing Agents

I had a split closing last night for the 1st borrower and the docs were dated 7/15 Because there was nobody available to give me further instructions (to late) I left without closing the loan.
Now my concern is if I did the right thing. I know that in California you cannot sign loan docs prior to the date the docs are drawn. There was a date printed next to the borrower's name all over the docs 7/15 and the first page of the DOT was 7/15
Would the county record it if it is signed and dated 7/15 and my Acknowledgement reflects the correct date of 7/13? I would say no but I hope I was right.
To correct the dates was out of question, could not do that with this lender
Any imput would be appreciated. Thanks

Reply by Larry/IL on 7/14/09 11:05am
Msg #295807

You can not sign with the date that was printed but if the appointment was indeed for yesterday they may have told you to have borrowers line through , correct and initial changes. Since you could not get hold of the company that gave you the job ( their bad ), I do not think you did the wrong thing by leaving IMO.

Reply by VioCa on 7/14/09 11:13am
Msg #295808

They gave instructions that the docs are dated on the 13th which was incorrect. And to change the dates on the TIL and RTC. I had no instructions of what to do if I have docs dated with a future date.

Reply by LKT/CA on 7/14/09 11:55am
Msg #295812

Msg 120959 n/m

Reply by Bob_Chicago on 7/14/09 12:02pm
Msg #295814

I believe that I would have had them sign. Dox that

were to be hand dated would be dated a 7-13 and my
notarizations, of course, would have been 7-13
Worst thing that would happen is that dox would have to be re-drawn for
a future signing, which is what will have to happen anyway.
If dox are sent to you (not bwr) it is a good idea to check this kind of
stuff before going to appt, so that you can ask , and maybe clear it up
prior to making a trip.
A no sign will , for sure, not fund. This one might have.

Reply by VioCa on 7/14/09 12:07pm
Msg #295815

Re: I believe that I would have had them sign. Dox that

The docs were sent to the borrower so the only thing I could rely on was the instruction sheet with incorrect info. It clearly stated that the docs are dated 7/13 and that was my dilema, the docs were dated 7/15

Reply by Linda_H/FL on 7/14/09 12:21pm
Msg #295818

Re: I believe that I would have had them sign. Dox that

I'm a bit confused...were you called to do the signing or did the borrowers contact you...being told to "find a notary"?

If you were called by the company to do the signing, I'm with Bob...I'd have had them sign and let title/escrow worry about their mistake and the problem with recording - that's not your concern. At least by having them sign you save the funding.

If you were called by the borrowers just looking for a notary, then the package isn't your concern...notarize with the correct date - in and out. Again...the contents of the documents are not your concern as long as they're complete.

Good luck with this.

Reply by VioCa on 7/14/09 12:37pm
Msg #295823

Re: I believe that I would have had them sign. Dox that

Every single time when I had a similar situation and I noticed at the closing table that the docs were dated with a future date (docs to the borrower, no way to check that before the signing) for properties located in California I was stopped from proceeding with the closing, when I could reach the hiring entity for instructions
This time it was to late, could not get a hold of anybody. It is the lender's call of how to proceed and not my job to assume of what he wants me to do.
That was my judgement for this situation. Do not forget that the instructions were incorrect. I expected to see docs dated on7/13/09

Reply by Larry/IL on 7/14/09 12:23pm
Msg #295819

Re: I believe that I would have had them sign. Dox that

Man years ago, I once did a signing and had borrowers correct and initial any preprinted dates that would have shown next to their signature. They also corrected the RTC and I notarized using the correct date. It turns out the the Docs were printed with wrong dates and lender was still waiting for some borrower stipulations to be satisfied. TC gave me a hard time because I assumed we could make corrections, (it had ALWAYS been what was asked of me in the past after calling). This time it was after hours and TC said I should have left without signing.

My policy now is to check and ask, if I am able to, before making a trip. If it's after hours and no one is available then it's a reschedule. I do not want to have a claim on my E & Oor lose TC business. I always make it the Lender's, TC's or SS's call to go forward with the trip or a change in Docs.

Reply by Letty Marquez on 7/14/09 1:06pm
Msg #295826

Re: I believe that I would have had them sign. Dox that

Larry,

At the beginning of my career as a CLSA I happen to have the same situation like yours. I did exactly what you did. Now after 6 years I ask and ask again if I need to.

Reply by ReneeK_MI on 7/14/09 5:55pm
Msg #295864

You said it was a split, and you had the first signer - were you to send it on to the 2nd signer? Sounds probable to me that docs had a transaction date of 7/15, you were to correct TIL and RTC for first signer. Probably the 2nd signer is signing on the 15th, would be my best guess. All your notarizations would've been dated correctly - date you did them.

Question - where is the law in CA that says documents can't have a transaction date or be dated in the future? Just never heard of that, is all.

Reply by kathy/ca on 7/14/09 6:03pm
Msg #295867

Wells Fargo used to future date a lot of their loans a coupl

years ago and the Signing Agent was told to handle the signing as usual, notarize the date the docs were signed and not be concerned about the future date. I would have gone through with the signing, better to have taken that risk than to have taken the risk of not getting signed at all in my opinion.

Reply by MW/VA on 7/14/09 7:54pm
Msg #295897

Re: Wells Fargo used to future date a lot of their loans a coupl

They still do--I've seen their "mail away" packages with dates almost 2 weeks out.
It's not illegal to pre-date docs, only post-date them (backdate) because of the RTC. As long as the borrower has at least 3 days recission there is no other issue.

Reply by kathy/ca on 7/14/09 8:23pm
Msg #295904

Docs can be backdated too, just the notary cert must have

the actual date the docs were notarized. The RTC must of course reflect the actual signing date as well.

Reply by JanetK_CA on 7/15/09 12:46am
Msg #295926

I've never heard of that either & would like the same answer n/m