Posted by Jess/CT on 6/22/09 10:19am
Msg #293083

Resign for lost mortgage deed?

I notarized docs for a refinance on 5/13/09, I received a call this morning telling me that the mortgage lender misplaced the Open-End Mortgage Deed and they would like me to get it signed again (sometime this week) using the date of 5/13/09.

Is this legal?

Reply by LisaWI on 6/22/09 10:22am
Msg #293085

I would say not. New document, new notarization with correct date. They "may" have lost it or maybe not...........

Reply by Linda_H/FL on 6/22/09 10:23am
Msg #293086

"Is this legal?"....Nope

The mortgage deed can be dated any date they want - your notarization is the date the people are in front of you...you can't backdate...

Reply by Philip Johnson on 6/22/09 10:32am
Msg #293088

Lets say in the interim you moved to New Jersey.

What would the ss/tc do in this case? They would find another CT notary who would notarize the day they were living and forward it back to the TC. A note would be placed in the file explaining the various reasons for this and everything would be good to go.

I believe you should do the same, notarize the day you're living and let the lender/TC worry about the details. Why would you want to transfer their problem on to your back?

Reply by SharonMN on 6/22/09 10:44am
Msg #293092

I get lost deeds re-signed all the time - but the notary acknowledgement language always has the re-sign date. The deed itself can have the old date on it.

Reply by Jess/CT on 6/22/09 10:48am
Msg #293093

I'm looking at the mortgage deed

St of CT, County of Fairfield

Reply by MistarellaFL on 6/22/09 10:53am
Msg #293094

Jess, we're saying it's OK

No matter what date is on the docs, just make sure you put the correct date in your notary block.

Reply by Jess/CT on 6/22/09 10:54am
Msg #293095

Trying again....

St of CT, County of Fairfield
The foregoing instrument was acknowledged before me this May 13, 2009 by "The Borrowers"

Do I mark a line through the date and make the correction? Or ask the company to make the correction and send to me again.

Thanks!

Reply by SharonMN on 6/22/09 11:00am
Msg #293097

It's YOUR notary block, line through it and correct the date to the date of the re-sign. Just like you would if the venue was wrong.

Reply by Jess/CT on 6/22/09 11:05am
Msg #293098

Thanks All! You've been very helpful.

Reply by Jess/CT on 6/22/09 11:21am
Msg #293102

Here's the email from the title company, hence my confusion. I replied that I cannot backdate the acknowledgement, but am willing to sign with the current date they sign before me.

"Attached is Mortgage we need resigned. Please be sure you date it
5/13/09 and that you and a 2nd witness sign it as well.

Thank you very much for all your help."

Reply by Philip Johnson on 6/22/09 11:35am
Msg #293106

You and a witness are to fib, to help them?

That's a bridge too far.

Reply by MikeC/NY on 6/22/09 11:19am
Msg #293101

Line through and make the correction. But I suggest you let them know what you're doing and that you refuse to back date the acknowledgment, and why - otherwise, you might end up going there for nothing when they pitch a fit about you not doing what they wanted to you.

Reply by Jess/CT on 6/22/09 11:22am
Msg #293103

I did MikeC, I waiting to hear from them now .. n/m

Reply by Lee/AR on 6/22/09 12:27pm
Msg #293109

Re: I did MikeC, I waiting to hear from them now ..

Be sure you are to be paid for this service. Get it in writing, too!
Any co. that asks you to backdate.... is not to be totally trusted.

Reply by jba/fl on 6/22/09 2:53pm
Msg #293121

Not to mention that they put it in writing!@!! n/m

Reply by Jess/CT on 6/22/09 4:21pm
Msg #293133

Re: Not to mention that they put it in writing!@!!

It's funny that I haven't heard back from them yet. I hope they didn't find a notary to agree to backdating the docs. Not my problem anyway.