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 Date sensitive?
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LeapFrog

Idaho
35 Posts

Posted - 12/31/2008 :  4:19:50 PM  Show Profile  Visit LeapFrog's Homepage  Reply with Quote
The SS called yesterday to schedule a re-sign on this. I asked him what the deal was and he was not told that the docs were date sensitive. That's something the LO decided all on his own. And neglected to tell anyone else.

So, I did right and I thank you all for your generous responses and reassurances.

Have a wonderfully Happy and Prosperous New Year!

Chris
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jbelmont

California
3106 Posts

Posted - 12/30/2008 :  2:42:06 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
Its not the notary's responsibility to manage date sensitivity. If you are the one scheduling the appointment, obviously schedule it before any deadlines. But if the lender asks you to go on a specific date that is after a specific deadline, its their problem if the dates are not to their liking. Don't engage in backdating on anything you notarize. If the signer is signing a single document that is not notarized, then if they want to back date, that doesn't involve you and you can refrain from comment. That is the signer's misconduct, not yours in such a case.

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Doris_CO

Colorado
148 Posts

Posted - 12/30/2008 :  11:32:13 AM  Show Profile  Reply with Quote
It's best to check with the lender as far as docs being date sensitive. I had two loans adjourn the week before last because something was wrong with the papers. They both rescheduled last week. One loan had to have new docs printed but the other loan, a Countrywide, only needed a new HUD. I was told that the Countrywide loans docs were not date sensitive and were good,providing there are no changes to rates or loan amounts, for 30 days. At any rate, this situation was beyond your control. You called the SS and left a message. It was their responsibility to contact the lender and TC before sending you out again to sign the docs.
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LeapFrog

Idaho
35 Posts

Posted - 12/29/2008 :  1:15:45 PM  Show Profile  Visit LeapFrog's Homepage  Reply with Quote
Thanks for the reassurance, Copperhead. From now on, the docs are getting signed the date required, or I'll give the job back.

And from now, ALL docs are date sensitive, as you said.

Have a Happy and Prosperous New Year!

Chris
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CopperheadVA

Virginia
420 Posts

Posted - 12/29/2008 :  1:00:46 PM  Show Profile  Reply with Quote
<< I left a message with the signing company and didn't hear anything back until the morning of the 26th. They didn't seem to think it was a problem. What really bothers me is that the TC said they wouldn't use me anymore, even though I said I would do a re-sign at no charge. He said it was totally unacceptable, while I feel his attitude was not all that acceptable. And to top it all off, the BO is out of town this week. >>

It sounds like you did all you could do - if you contacted the hiring entity and they told you to go out and sign on the 26th with the same docs, then I don't see what you did wrong. Sometimes we win some and sometimes we lose some, even though it may not be our fault. Chalk it up to a learning opportunity.

I always assume docs are date sensitive unless I'm told otherwise. It's always best to get it in writing from the hiring entity as well.


CopperheadVA

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LeapFrog

Idaho
35 Posts

Posted - 12/29/2008 :  12:50:39 PM  Show Profile  Visit LeapFrog's Homepage  Reply with Quote
"The SA may need to stress the implications of changing the signing date to the borrowers. Usually, telling the borrowers that there is a substantial cost to them to change the closing date, will have them rethink the importance of the meeting and schedule accordingly."

That's a very good point, and I will not forget it.

Thanks, PWin!



Chris
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LeapFrog

Idaho
35 Posts

Posted - 12/29/2008 :  12:48:48 PM  Show Profile  Visit LeapFrog's Homepage  Reply with Quote
"Did you contact the TC on the 24th and tell them it was off for the night because borrower was now out of town and unavailable? I always let TC know and let them make the call as to how to proceed."

I left a message with the signing company and didn't hear anything back until the morning of the 26th. They didn't seem to think it was a problem.

What really bothers me is that the TC said they wouldn't use me anymore, even though I said I would do a re-sign at no charge. He said it was totally unacceptable, while I feel his attitude was not all that acceptable. And to top it all off, the BO is out of town this week.

It's sure good to have friends here...thanks Copperhead!

Chris
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PWinFL

Florida
469 Posts

Posted - 12/29/2008 :  12:20:29 PM  Show Profile  Visit PWinFL's Homepage  Reply with Quote
Whether or not documents are date sensitive is usually a call by the lender. Of course, lenders must follow state and federal guidelines, so more often than not, documents are date sensitive. Especially those involving loans where a HUD or Final Settlement Statement and a mortgage is involved. Closing costs are calculated for a particular date, so even if there are no 'rules' about the closing date, if the transaction is not completed on the anticipated date, then financial adjustments would need to be made and documents may need to be redrawn to reflect the change in closing dates and costs.

A signing agent should never adjust the date of the signing without written permission by the hiring agency. The SA may need to stress the implications of changing the signing date to the borrowers. Usually, telling the borrowers that there is a substantial cost to them to change the closing date, will have them rethink the importance of the meeting and schedule accordingly.

Never drive any faster than your guardian angel can fly.

I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.


Visit us online at http://www.PAWnotary.com
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CopperheadVA

Virginia
420 Posts

Posted - 12/29/2008 :  11:56:19 AM  Show Profile  Reply with Quote
Here in VA it seems the docs are always date sensitive. If docs are not signed on specified date, then docs must be redrawn. That may not be the case in other states - I've heard notaries in CA say that is not so for them.

Did you contact the TC on the 24th and tell them it was off for the night because borrower was now out of town and unavailable? I always let TC know and let them make the call as to how to proceed.

CopperheadVA

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LeapFrog

Idaho
35 Posts

Posted - 12/29/2008 :  11:34:07 AM  Show Profile  Visit LeapFrog's Homepage  Reply with Quote
I completed a signing on Friday, 12/26, that was originally scheduled for 12/24. I did not receive the docs in time to complete on the 24th. Now I am being told by the TC that the docs were date sensitive and I should have completed the signing on the 24th. That would have been a bit difficult since the BO had gone out of town for the evening.

Question - Are mortgage docs ALWAYS date sensitive? TC is saying they are. I have completed signings after the doc date previously and it wasn't a problem.

I am clearly confused now...



Chris
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