Posted by HouTexJoe on 8/19/11 6:45am
Msg #394210

Goin' With My Gut

Hope everyone is up early. I have a signing scheduled for this morning. Received two separate emails from the SS in CA. I am in TX. One package looks normal except that they pre filled in the notary info for CA. This is easily corrected.

A second email contained docs that were forwarded to SS from a RE broker. The instructions were to have the borrower "sign but not date" the forms. None of these forms require notarization but they include a URLA, IRS form 4506T, Fair Lending Notice, and about 15 others. Also, a second PDF file included "updated" GFE and Itemization of Amt Financed with no instructions to substitute the new forms for the old.

My gut tells me that there is future trouble here. I have an email and text out to the SS but there is a 2 hour time diff. I plan to call the borrower and cancel/reschedule the appt until I get clarification from the SS. By clarification I mean either have the forms dated or not do them at all.

Is this kind of thing normal for CA real estate deals? Actually, I don't care. I just don't like it. Appreciate you thoughts.

Reply by Ilene C. Seidel on 8/19/11 7:29am
Msg #394211

Sounds to me you have your instructions. I've never been told not to date certain documents. I would talk to BO tell them the instructions to see if they have a problem with it. The legal documents are correct?

Reply by Notarysigner on 8/19/11 7:50am
Msg #394213

Morning,...that second set of Docs are Docs the broker was "suppose" to have signed but didn't get them signed for one reason or another...happens lots. The 4506T, fair lending,copy of income tax are all normal. The "others" are probable disclosures (like offers for earthquake ins, flood ins, etc.). As far as not entering the date? That's your call, too many reasons why and why not. For example, the 4506T work was already done but now they need a "hard" copy with the borrower signature authorizing them to do so, for the record. Also, if the sale the loan, the new lender will want that, with the signature.
You know what to do, no biggie...relax, enjoy the signing.

Reply by MichiganAl on 8/19/11 11:11am
Msg #394229

I'm with James. These sound like preliminary docs

They're not part of the loan package. They just need a hard copy for their records. Sometimes they want them dated, sometimes they want them dated for the day of the original application, and sometimes they don't want them dated at all. It's all the same to me. It's not part of the closing and nothing is notarized.

Reply by GOLDGIRL/CA on 8/19/11 11:54am
Msg #394234

Notarysigner's right

... this sounds exactly like predisclosure docs that the borrower shoulda signed at the get-go but for whatever reason didn't. Most likely their lazy agent didn't get it to them and expects the notary at the loan signing to get it done. Nothing is ever notarized; the docs go into somebody's file in case of a HUD "audit."

If you look at the top of the page, you'll likely see two tell-tale "ghost" holes. This shows where they were held in the agent's clasp folder.

When I get these, I don't even walk the borrower through them - none of my business. I just hand the pile to them at the end of the real loan signing and tell them to sign. If anything goes wrong, the agent will have to chase it. Mostly, the date is already written in for them - from a month or two back. Other times the borrower is instructed to write in the early date or like in your case, no date at all.

In any case, it has nothing to do with the loan docs ttat you've been hired to get signed.

Reply by John/CT on 8/19/11 7:51am
Msg #394214

Re: Goin' With ....

Not unusual for me to see broker dox dated before the signing date, and I've seen others telling me not to date. No big deal because none needed to be notarized. GFE doesn't need to be signed/dated, and I don't know what is the issue with the "updated" Amount Financed. I'd have borrower sign and correctly date it. Conclusion if it were me: Go ahead with the scheduled appointment. Don't cause any unneccessary grief for your yourself.

Reply by HisHughness on 8/19/11 8:49am
Msg #394217

I used to go with my gut

Then it got so big that going with it would require a trip through at least three counties and several municipalities. Now, unless something is obviously illegal, unethical or fattening I just do what I'm told.

Reply by HouTexJoe on 8/19/11 8:32pm
Msg #394317

Re: I used to go with my gut

So here is the outcome: I spoke with SS, they were very understanding about my discomfort. The SS contacted the BO who had email and a printer. The SS emailed the docs to the BO and he printed and signed, but did not date, them. He handed them to me after we did the closing and I put them in the envelope to be dropped. No monetary penalty from SS for this.

From what you all say it sounds like i was being overly cautous. If this happens again I will probably just go with it. End of story.