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 Wife signing docs
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3100 Posts

Posted - 07/15/2009 :  2:32:48 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
The main point is that you have to have all parties on the documents sign the designated papers whether you are experienced or not. Experience doesn't matter here. If the wife is on five docs ( which is normal ), then she should sign those several docs. If she signs on a different date, whether or not the loan can still go through, title company employees are fickle, and might not like that. If the Right to Cancel is signed on a different date, that can be big trouble since the last date to cancel is based on when the LAST person signed that document.

Just do what the Title company tells you and leave the headache and stress to them and don't worry about deciding who should sign what document. That is their decision. You don't need to understand this. Just make sure that whomever is supposed to sign... actually signs and on the same date, and then you will stay out of trouble.

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1 Posts

Posted - 07/12/2009 :  8:19:38 PM  Show Profile  Reply with Quote
YES it's a problem! Personally, I think you should reprint those loan documents and spend a couple of weeks just going over them and not do any more signings until you know what you are doing. You've put the title company, lender & borrowers in a terrible position and now they are asking you to backdate. You can't do that, but you caused this by taking it upon yourself to decide who signs and who doesn't.

Hint: Look at the loan application and see who's on it. That is who is on the loan.


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2 Posts

Posted - 07/11/2009 :  10:22:04 AM  Show Profile  Reply with Quote
Thanks PW,
that make perfect sense
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469 Posts

Posted - 07/11/2009 :  09:36:04 AM  Show Profile  Visit PWinFL's Homepage  Reply with Quote
First, having a non-obligated spouse sign documents pertaining to the loan is a problem. A major problem. A non-obligated spouse only needs to sign certain documents (Mortgage/DOT, TIL, RTC and possibly others) if they are not a party to the loan, but do have an interest in the property.

As far as dating the documents, the borrowers can put any date on the documents they so desire. Just that your notary certificates must accurately reflect the conditions upon which you performed the notarial act. Since it is a resign, the borrowers will be signing new documents, and you will be issuing new notary certificates, so they must be dated for the day the act takes place, that is, the current date.

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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2 Posts

Posted - 07/11/2009 :  09:18:30 AM  Show Profile  Reply with Quote
I am fairly new at doing signings (9 completed) & need advice. I did one on 7-9-09 & the customers told me they were both on the loan even though her name was not on all the docs, so I had her to sign also.
As it turned out she was not, & the title co. has said they could accept it.
1st. question should this be a problem?
2nd. question which I am pretty sure is illegal. They contacted the siging co. requesting I go resign & back date the docs to 7-9-09 am I correct?

This was also the second time doing this signing because the title co. did not have the correct numbers, the first signing was on 7-3-09 in which she signed then as well & they had no problem.
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