Posted by Kenny Services - Dawn on 2/8/13 2:11pm
Msg #454800
Dates on Docs
Hi everyone, got a question,
I am doing a closing tomorrow, and the some of the docs are dated the 6th like the note and the deed of trust, as well as a few others, so i called lender, they said its ok just have borrower sign and date for the 9th but don't do nothing with the date on the docs. Is this ok to do? isnt that still backdating?
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Reply by Barb25 on 2/8/13 2:21pm
Msg #454804
Backdating is only when the "signer/borrower" puts a date previous to the date they are signing. There are many documents that are dated differently. Just be concerned with what your signer signs especially when the lender tells you his docs are not date sensitive.
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Reply by Kenny Services - Dawn on 2/8/13 2:26pm
Msg #454805
Ok, thank you Barb25 :-)
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Reply by Robert H. Ruston on 2/8/13 3:39pm
Msg #454837
If the deed is dated, that is supposed to be the date the signer puts down, unless specificaaly directed otherwise by the title company.
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Reply by MikeC/TX on 2/8/13 6:32pm
Msg #454873
Not exactly... backdating is when the NOTARY uses a prior date in the certificate. The date on the document and the date the signer uses is irrelevant in most jurisdictions - the notarial certificate on the document has to show the date the signer actually appeared before the notary. The document itself can be dated 10 years in the past or 10 years in the future - all that matters is that the notary is using the actual date the signer appeared to acknowledge their signature or swear to the contents of the document.
Some lenders are sticklers about having the dates match (which could lead to an illegal request for backdating), others really don't care.
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Reply by Barb25 on 2/8/13 8:04pm
Msg #454901
Let's make this simple
As long as your borrower is dating the date they are signig they are not backdating. If the lender is happy with with the docs dates (or not) this is not your concern. You have done the right thing.
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Reply by Buddy Young on 2/8/13 9:44pm
Msg #454918
Re: Yes it's ok. It's not backdateing n/m
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