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 Incorrect dates
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PWinFL

Florida
469 Posts

Posted - 03/18/2010 :  5:25:53 PM  Show Profile  Visit PWinFL's Homepage  Reply with Quote
Granted, some lenders make their documents date sensitive, while other do not. Especially when it comes to the 1003 (Application), often there will be some that will have a previous date on them because no signed copies of the 1003 was received by the broker/LO at the beginning of the process, nor if there were any changes to the application during the loan qualifying process. So the broker/LO is doing due diligence and CYA to get signed copies for those milestone dates.

The dates on the document is not the notary's or signing agent's concern. Those dates are the responsibility of the borrower, lender (for the lender docs) and the title company (for the title docs), and possibly the broker (for broker docs). As long as the notary correctly dates any notarization, and the signing agent annotates, if necessary, a discrepancy when the docs are signed (for CYA), if the signer puts a date other than the current date next to their signature.

I certainly would question a difference in dates between the docs and the signing date, and raise the issue with the title company and/or lender to make certain that the printed date on the docs is acceptable. I would also include a description of the discrepancy and the result of a conversation with title and/or lender, in my closing report. (I always submit a closing report to the hiring agency when the signing is complete. It usually accompanies my invoice.)


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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Lisa T.

California
391 Posts

Posted - 03/18/2010 :  4:32:45 PM  Show Profile  Visit Lisa T.'s Homepage  Reply with Quote
Some TC/lender instructions I've seen say: If documents are not dated the day of the signing appointment, call XXX-XXX-XXXX immediately, and speak with X.
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CopperheadVA

Virginia
420 Posts

Posted - 03/18/2010 :  09:49:37 AM  Show Profile  Reply with Quote
I recently had a set of docs come through that had the current date on the Note, DOT, etc. However, there were pre-printed dates for earlier in the month on the 1003 next to where the borrower signs. I called TC to ask if I was to leave the dates or have borrower correct to reflect current date. TC checked with lender and told me to have borrower correct to reflect current date, as the loan probably would not fund with the earlier pre-printed date on that doc.

So, if in doubt, check with the hiring party.

CopperheadVA

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PWinFL

Florida
469 Posts

Posted - 03/18/2010 :  08:10:52 AM  Show Profile  Visit PWinFL's Homepage  Reply with Quote
What makes you think the dates on the documents are incorrect? If a lender/title company prepares the documents with a certain date, so be it. Just make sure your signing dates are incorporated or printed on your notary certificate(s).

The only document dates that would be of concern to the signing agent, would be the dates on the RTC, if there is one. Other than that, if you feel the wrong dates are on/within the document itself, give the title company a call. They may be in fact, correct.


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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n/a

New York
2 Posts

Posted - 03/18/2010 :  07:05:50 AM  Show Profile  Reply with Quote
If the dates on the documents are incorrect, do you have the borrower initial next to those incorrect dates, sign and put the correct date next to his/her signature?
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