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Non-date sensitive docs question.
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Non-date sensitive docs question.
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Posted by Heather/NH on 1/31/12 2:37pm
Msg #410395

Non-date sensitive docs question.

I had a singing that had all incorrect dates on docs. Borrower refused to sign incorrect dates, and of course I will not notarize with incorrect dates. One line through and initial. Borrower told LO that he was not signing unless it was all correct and got OK from LO to do this. Seems that these docs are not date sensitive BUT borrower would not sign unless corrected. Fast fwd to today...I get a call telling that loan did not fund and my fee will be "greatly effected". I did let signing company know in my final email that this occured as well as some other hiccups during this signing. I had also let signing company know of a HUD issue during signing.
I will 100% admit when I am wrong but in this case I feel that I did my job correctly and honestly.
Any thoughts?

Reply by Sha/CA on 1/31/12 2:45pm
Msg #410398

IMO the SS is the first one to call when we have issues, since they are the hiring party. I have trouble with the chain of command system, sometimes thinking I know the answer, and don't make the call. Nine times out of 10, when I allow a correction to be made, without notifying the SS first, I get into trouble with them. Power and control seems to be the rule of the day. We are not the one in control and we better know how to submit to those that hold the purse, if we want a share of it.

Reply by Heather/NH on 1/31/12 3:05pm
Msg #410404

I am very confused... this would be considered backdating. No idea why I would be expected to do that.

Reply by Doris_CO on 1/31/12 3:27pm
Msg #410412

Heather, some mortgage docs can be good for 30 days and can be signed any day within those 30 days. The borrower would put the correct date on the line by his signature where required and you would put the correct date in the notary certificate. If the date on the notary certificate was wrong, you would cross it out and put in the correct date and initial. The date on the docs, which is when the docs were created, and is usually on the first page, would be left alone.

At any rate, if you're not sure what to do, call the party that hired you first. Don't rely on the LO's advice.

Reply by Larry/IL on 1/31/12 4:17pm
Msg #410428

L/Os give a lot of bad advise, always call the hiring party. n/m

Reply by Lee/AR on 1/31/12 3:19pm
Msg #410409

Never ever rely on what an LO tells you as he's not paying you. Take it up with hiring party.

Reply by Shoshana/AZ on 1/31/12 3:42pm
Msg #410413

The date on the docs is often the date the docs were drawn.

That has nothing to do with the dates that the docs were signed and notarized. I don't know how ong you've been a notary, that this has not comw up before. Of course, docs are signed and signatures notarized on the date the signing takes place.

Reply by Heather/NH on 1/31/12 3:47pm
Msg #410414

Re: The date on the docs is often the date the docs were drawn.

I have been a notary 9 years. Of course it has come up before, they have always been one line though and initial. My issue here is backdating, wanting me to date the same as they were drawn. The borrower also would not sign the places where it had "closing date" listed incorrectly.

Reply by Shoshana/AZ on 1/31/12 4:00pm
Msg #410421

Re: The date on the docs is often the date the docs were drawn.

Are saying that the incorrect date was written on the cert and they didn't want you to change it? If so, that's a different story. You did not say that in your post. As a matter of fact, your post does not say at all that they were asking you to date the certs the the docs were drawn.

Reply by GOLDGIRL/CA on 1/31/12 3:50pm
Msg #410415

The No. 1 rule as an NSA is NEVER change anything on the loan docs or allow the borrowers to change anything unless you're absolutely supposed to, like the RTC.

We are not the date police, neither are the borrowers. The lenders can have any past date they want on the docs. That is none of our business, nor the borrowers'. Now, if the borrowers don't want to sign because of this, then that's their decision and between them and the lender. If your borrower wouldn't sign, then he needed to contact his lender and you needed to contact your hiring agency, certainly not allow the borrower to go all nuts with the docs. You may have done your job "honestly" but unfortunately. it looks like you didn't do it "correctly" and that's probably why they're whining about cutting your fee.

Backdating - as far as we notaries are concerned - is knowingly putting a false date on your notarial certificate. Period. It has NOTHING to do with when the docs are being signed, when the lender dated the docs or anything else. It is when we, as notaries, lie about when the signer appeared before us.

Explanation: This at least is the way it is in CA. A borrower can have signed and dated a document anytime in the past, as long as when they appeared before you, your notarial certificate accurately reflects the date of that appearance.

Reply by Linda_H/FL on 1/31/12 3:56pm
Msg #410418

Excellent post GG n/m

Reply by Shoshana/AZ on 1/31/12 3:56pm
Msg #410419

In AZ, that's true only for Acks. n/m

Reply by GOLDGIRL/CA on 1/31/12 3:59pm
Msg #410420

Re: In AZ, that's true only for Acks.

Ditto, Shohsana ... but just decided for sake of not going on and on to skip all the ramifications re jurats ...

Reply by bagger on 1/31/12 4:06pm
Msg #410424

I agree GG. In fact, I just cleaned up a mess caused by another notary. I was sent the original docs dated 2 days earlier, had the BO's sign for the current date, I notarized the current date, TC was happy.
Dates the documents were printed means absolutey nothing.


 
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