Posted by Claudine Osborne on 2/26/12 7:37pm
Msg #413133

Wrong date..

A notary friend called me today with this problem. She signed a cash closing today and used tomorrows date in notary certs..the buyer also signed with tomorrows date. She wanted to know what issues or problems can come of this? Should she change the dates on her certs before dropping package tomorrow? There is an E&O cert for the buyer..

I honestly did not know what to tell her..Any ideas as to the ramifications of such a mistake?

Reply by Linda Juenger on 2/26/12 7:51pm
Msg #413135

If it was edocs, reprint and resign today with today's date. If not, I have no idea. Call tomorrow and admit the mistake and see what happens. We're all human.

Reply by LKT/CA on 2/26/12 8:06pm
Msg #413136

The notary certs should reflect the day the signers appeared before the notary, period....this is Notary 101. I'd be absolutely shocked that any state law would allow for anything different.

Reply by GOLDGIRL/CA on 2/26/12 9:14pm
Msg #413145

This is completely, totally, 100%-ly unacceptable, IMO. Corrective options include: if these are e-docs, reprint and re-sign. If not, have the borrower correct and initial dates on the signed docs and redo notarial certificates. This will create unsightly docs, but the lender may not care - ya never know. Or face the music tomorrow morning with the hiring agency.

Reply by Linda_H/FL on 2/26/12 10:02pm
Msg #413147

I'm speechless... n/m

Reply by Karla/OR on 2/27/12 1:58am
Msg #413159

About making a mistake or not knowing how to fix it? n/m

Reply by jba/fl on 2/27/12 7:20am
Msg #413164

Think a little further - that it even occured. This is basic n/m

Reply by Buddy Young on 2/26/12 10:24pm
Msg #413150

the docs have to be redone, no exception.

Reply by Susan Fischer on 2/26/12 11:23pm
Msg #413154

Oh, if only one could count the ramifications of

such a mistake...

Reply by 101livescan on 2/27/12 7:38am
Msg #413167

It's a resign for sure, at her own expense of course. You cannot back or forward date, it's so clear in our SOS handbooks, the person(s) appeared before the notary on a specific date and time and signed the documents before the notary.

No question, this was a poor decision. Once a lender had documents dated the day after the signing, and escrow sent them to me to sign via email. We had to resign the following day, lender error, I got paid. Put me on the alert not to sign douments that have a future date.

Reply by VT_Syrup on 2/27/12 8:42am
Msg #413172

Reacknowledge, not necessarilly resign

Go see the signer in person and have them re-acknowledge the documents. Any oaths or affirmations will have to be resigned.

The ramification is the signer might have died before midnight yesterday, making it hard for the original poster to explain how the signer acknowledged today, as is stated on the certificates.

Reply by MW/VA on 2/27/12 8:42am
Msg #413173

I'm shocked that you of all people would ask this,

Claudine. IMO they need to call the tc or hiring party immediately and arrange for it to be redone. The tc might not care, but the signers could use it later to say the transaction wasn't legal.
We all know that the date of the docs doesn't matter to us, only the date we're notarizing on.

Reply by Donna McDaniel on 2/27/12 9:23am
Msg #413182

What date was on the docs?

IME, most hiring parties can forgive a mistake as long as you are willing to correct it as soon as possible. What they don't forgive is those who send in docs they know are incorrect or make changes without notifying anyone.

With no lender involved, it may not be too difficult to fix. She will have to call Title, apologize profusely, and make it her mission to correct the problem ASAP.

We have all made mistakes, I can imagine the panic that set in when she realized what happened.

Reply by ReneeK_MI on 2/27/12 9:42am
Msg #413186

Probably too late, but ...

On a cash deal, T/C's will sometimes date settlement in the future. I'm going to guess this transaction was dated for today, and that's how the notary ended up using today's date (by pure accident).

She would've needed to correct her cert - if that's allowable in her state - but I'd bet dimes to donuts the T/C wouldn't have much issue with the buyer's dates, IF the transaction date really is as I assume (today).