Posted by RonA/CA on 10/5/11 8:47pm
Msg #399724

A question about dates on notarial certificates

Let's say a NSA starts a signing at 11:20pm on 10/05/2011. At midnight it becomes 10/06/2011. Does the date change for any acks or jurats completed after midnight? Or can you continue to use the date of 10/05/2011 which is the date of the signing? (they're date sensitive documents by the way).......Haven't run into this senario yet but curious as to how to proceed just in case.

TIA....
Ron

Reply by Notarysigner on 10/5/11 9:00pm
Msg #399726

Hi Ron, I always go by my scheduled appointment time, as a result of kicking this around with LKT. I suppose you could list the different times in you journal when you actually fill out the form but I can't see where that would add much value. I'd go with the appointment time, besides, how many time are you going to have a signing at 11 p.m.? I'd be in bed. LOL

Reply by RonA/CA on 10/5/11 9:07pm
Msg #399728

Thanks James...Just what I thought too....There are two State prisons in this county and sometimes the borrowers, who work there, don't get home from their shifts until around 11:00pm.

Reply by Linda Juenger on 10/5/11 9:21pm
Msg #399729

I had an 11pm one time and after we went over all the numbers, I pulled all the notarized docs and had them signed first and notarized. We were finished by midnight, but just wanted to be sure it would never cause a problem. I honestly don't know how it could cause a problem unless someone really wants to get picky and I can visualize an attorney doing that.

Reply by MistarellaFL on 10/5/11 9:26pm
Msg #399730

Same here Linda

I recall those boom EOM's, last day to sign, getting all the notarized pages signed first so they could be signed on the proper day, legally.
The non-notarized pages were signed last, and sometimes after midnight, brws would date their signatures on the pre-midnight date.

Reply by DaveCA/CA on 10/5/11 10:28pm
Msg #399734

Re: Same here Linda and Misty

I do the same thing. Especially during the boom. I had them sign all docs requiring notarization, the RTC, and TIL. As long as we did those by midnight, I was fine with it. There were some close calls though. Wheww, those were the days huh? I'd like it to be somewhere in between then and now.

Reply by JanetK_CA on 10/6/11 3:37am
Msg #399737

Me, too...

I'd much rather avoid the issue than risk potentially having to defend doing anything that could later be questioned or challenged.

I also faced that situation a time or two during the boom years. One time involved a piggy-back package. As it got close to midnight, we put the 1st aside, pulled out the 2nd, completed the notarizations in that package, then went pack to complete the signing of the 1st package. Straight-up, cut and dried, accurate dates on all notarized docs.

Reply by Yoli/CA on 10/6/11 12:04pm
Msg #399775

Re: Me, too...

As most of the others have stated, complete the docs to be notarized first plus RTC & TIL on the stated date then proceed to the rest of the package.

Think of it this way: if you were called in to court to testify, could you honestly state (under penalty of perjury) that you notarized those borrowers and affixed your stamp to those documents on such and such date?

Just keep it real.

Reply by MW/VA on 10/6/11 9:31am
Msg #399750

Ditto. I'm not sorry that those days of pushing

things up to midnight are over. I only did one & opted not to take any after 10 pm after that.
BTW, of course it's one date before midnight & another after midnight. Notarizations need to be done before midnight to be included in that business day.

Reply by NJDiva on 10/6/11 10:05am
Msg #399754

I would probably consider at the start of the closing...

telling bo's about the RTC and the time constraint. I would instruct them that since the documents are date sensitive, it is in their best interest to sign the doc's and take advantage of the RTC, otherwise, it may have to be rescheduled as the dates must all be consistent within the package.

I would put it in their court to decide if they feel comfortable doing that. If they don't and want to chance it, I would reiterate that it may have to be rescheduled and have them acknowledge to me that they understand and are willing to accept responsibility for that decision.

Hopefully I will not be put in that position, but I think that's how I would handle it.

Reply by JanetK_CA on 10/6/11 2:08pm
Msg #399801

Re: Ditto. I'm not sorry that those days of pushing

"BTW, of course it's one date before midnight & another after midnight."

I'm guessing you meant this as a simple statement of fact, but for anyone else reading this, I don't think this was intended to mean that after midnight, you start putting a different date on the remaining documents. All the documents in a package need to be dated the same (except maybe broker docs, but that's another issue...) But just as we sometimes can ignore a pre-printed different date, I don't see it as a big issue to not change the date on the remaining documents for a signing that was clearly begun on the intended date.

BUT this assumes that the RTC, TIL and anything notarized DO get accurately signed while it is still the date stated on the docs.