Posted by enotary/va on 4/12/12 12:15pm Msg #417692
Wrong Date??
Got a signing for 04/18/2012... All the docs are dated 04/19/2012... Talked to the T.C. and the lender and both said thats the way this lender does the docs... I was told to have BOs date the day they sign them ( 04/18/2012 ) .. I checked the docs and nowhere do I certify the date on the docs... No RTC with docs... I've done 1,000s of signings and closings in the last 40 years and this is a first.. The lender is a big one up near Washington... I think they know what they are doing... Going to make some calls to check...
Reply by jba/fl on 4/12/12 1:03pm Msg #417695
It is fine to do these. Lender is right. n/m
Reply by Jack/AL on 4/12/12 3:05pm Msg #417714
and you'll date the acknowledgements/jurats with 4/18 n/m
Reply by sigtogo/OR on 4/12/12 6:50pm Msg #417740
first of all, I am totally envious that you have docs for a signing on the 18th! I feel blessed when I get them one day ahead. but I digress...
I have not seen this, thankfully, and in my many years of doing audits for a national bank, credit union and my own mortgage company this practice would absolutely not have been allowed. Big audit exception. One of the first things we looked for was correct dates. Its fine to sign after the date of a document, other than rescission, but before? nada, nope, never.
So you got me thinking that I better check with the Oregon SOS, and sure enough as I suspected they said no way.
Have you asked you SOS? I would love to know what you and others learn about this. Donna
Reply by MikeC/TX on 4/13/12 4:00pm Msg #417842
I've seen this plenty of times, and it was never an issue. Some banks are sticklers about the date of the signatures matching the date on the docs, but other banks really don't care. All that matters is that the date used for signatures and notarization reflects the date these were actually performed.
I don't understand why your SOS would say no way, unless they mistakenly thought you were asking about back-dating (clearly illegal in any state).
As far as I know, there's no legal reason why the dates on a document have to match the signature and notarization dates - there may be an internal company policy requirement, but there's no law that says it must ALWAYS be done that way. If a document is not going to take effect until some point in the future (the document date), why can't the document be signed and notarized using today's date?
Reply by LMS on 4/13/12 10:57pm Msg #417892
Actually, our SOS doesn't care as long the date on the notarization is the correct. There is no law or even "best practice" in Oregon that prohibits it.
Reply by MW/VA on 4/12/12 7:34pm Msg #417746
Once again, they're not asking you to do anything
wrong. The borrowers are signing on the 18th & you're notarizing with that same date. The date of the docs is kind of irrelevant, IMO. Also, I had one the other week also with no RTC. I'd forgotten that if they're refinancing with the same lender there doesn't have to be one, or if it's a 2nd home or investment property.
Reply by Luckydog on 4/13/12 11:48am Msg #417808
Re: Once again, they're not asking you to do anything
Anything you notarize or fill in the date will be dated for "today's date". Don't worry about what the docs say. Sometimes they do this to take into account for the overnighting back to title, or will not fund until the date they put in there. Just do your job correctly on anything you or the buyer write in yourselves.
Reply by jba/fl on 4/13/12 11:21pm Msg #417893
This most likely will not happen to you, use the right date!
