Posted by Arlise Adams on 10/1/09 9:24pm
Msg #305882

Warranty Deed

I had a closing on 9/24 which included a warranty deed, I forgot to get the witnesses signatures, but the borrower signed and I notarized the document. I was notified of this today 10/1 so I had to go back and get the witnesses signatures. What date do I put on the form, the original date of the signatures or today's date.

Reply by Linda_H/FL on 10/1/09 9:47pm
Msg #305884

Unless the witnesses were there at the original signing and saw him sign , it would be my guess that all parties would have to sign the deed again so the current date would be used. Not sure how ethical it is to go back and get witness signatures after the fact.

MHO

Reply by Arlise Adams on 10/1/09 10:37pm
Msg #305891

The borrower resigned the document and the witnesses signed the document today. If i put today's date on the warranty deed would that mess up the closing

Reply by Bob_Chicago on 10/1/09 11:36pm
Msg #305894

Two dates involved. Date of document and date of your

notarization.
Unless some unusual law in NY, no need to change date of deed, which
probably should be dated as of , or prior to, the date of the mtg.
Since bwr resigned today with witnesses also signing, your notarizaton
should also be as of today.

Reply by CopperheadVA on 10/2/09 6:20am
Msg #305900

Of course you date your notary certificate for the date the signers appeared before you - so that would be 10/1/2009. To date it for the previous date would be backdating, which I'm fairly confident is against notary regulations in every state.

Reply by MikeC/NY on 10/2/09 5:18pm
Msg #305953

The date of the deed and the date of the notarization don't necessarily have to be the same - it's an acknowledgment, and under NY law it doesn't matter when they signed it. All they are saying is "Yes, that's my signature."

Your notarization MUST reflect the date they appeared before you to make that acknowledgment. If that causes problems for the TC or lender, too bad - they will have to redraw the document. The alternative is backdating, and that's a felony in NY.