Posted by walthtz on 6/4/11 1:01pm
Msg #385171

Date Change

Hello all.
Question about dates?
Got a request from a company that wants me to sign a document that states that I understand that I am closing a loan that is dated 4 days in the future.
I am to notarize for the 6th, but all the dates as well as what the BR signs are for the 10th.
Example: MTG is dated for the 10th. BR signs on the 6th, Notary does his part on the 6th.
The only exception is the Truth in Lending which the BR can change the date to the 6th.
The reason for all of this is that it is a 2 state closing. The spouse is in another state & will sign her part on the 10th.
What do you do?
Do you do as it is expected or do you walk away?
Thanks
Walt

Reply by desktopfull on 6/4/11 1:09pm
Msg #385172

Follow your state laws for performing notarizations. If your laws don't permit this then don't do it, very simple. Not giving legel advice, etc.

Reply by Linda_H/FL on 6/4/11 1:11pm
Msg #385173

If your signer appears before you on the 6th, and you notarize on the 6th, then IMO the rest shouldn't be a concern to you...although I'm not crazy about post-dated docs, this should not be your concern, absent any state law to the contrary. As long as their signature date and your cert match, that's all that should matter unless, of course, your state laws say otherwise.

Also, I would make sure that when I completed my certificate, it would state that I was notarizing the signature of <<so-and-so>> *only*.... leaving no room for entry of future names.

I would not sign any stipulation regarding this. What you understand, as a notary, has no bearing on the loan so I wouldn't sign off on any statement about it at all. Nor would I discuss the matter with my signer or advise them about it.

Keep detailed notes about all this.

MHO and Good Luck.

Reply by Shoshana/AZ on 6/4/11 2:50pm
Msg #385177

I have done many split signings such as what you are faced with. I totally agree with what Linda said.

Reply by Marian_in_CA on 6/4/11 4:19pm
Msg #385184

As long as the notarizations are properly dated, the rest of it is pretty much a non-issue, IMO. This is pretty common practice. You just make very sure that your notarial certificates are dated on the day it was actually performed.

Reply by Belinda/CA on 6/4/11 4:50pm
Msg #385188

I was taught not to notarize a post-dated document. That one shouldn't notarize a doc dated in the future even if the signing and notarization are dated correctly for the current day. Any further comments on this topic?

Reply by PAW on 6/5/11 8:25am
Msg #385201

Why not? There's nothing wrong with documents that have a future effective date, as long as the execution date is correct. There used to be one lender in particular (don't remember which one) that always dated the Note and Mortgage on the effective date, first of the following month, which was at least 3 days later than the signing, if it was a refi.

Reply by Linda_H/FL on 6/5/11 8:58am
Msg #385202

Not sure if you're thinking of the same one Paul

but Wells Fargo did that with their mail-aways ...