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 Signing close to midnight!
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LindaH

Florida
1754 Posts

Posted - 09/08/2012 :  05:59:02 AM  Show Profile  Reply with Quote
You cannot reschedule a closing for another day without authorization from title/lender/ss - more specifically title/lender. Changes in closing date has an impact on more than just the date on the docs - it can impact disbursement dates, prepaid interest amounts, not to mention possibly jeoparding the borrowers' rate lock, even ossibly the entire loan itself.

I don't know what your printing problems were that it took you over 4 hours to print a package, and it's not my business. But, as soon as you discovered that you were having issues, which you should have realized shortly after 8pm, you should have been on the phone with your hiring party turning this assignment back.

Check your confirmation - you should have been given an after-hours number. you need to call them immediately and let them know. IMO the answer is no, you cannot just reschedule for Saturday and use those docs without prior approval.

Good luck.


Linda
http://www.columbiacountynotary.webs.com
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joelbenedict

Kentucky
26 Posts

Posted - 09/07/2012 :  10:21:35 PM  Show Profile  Reply with Quote
I had a signing scheduled 9/7/12 at 8:00PM but did not complete it on that date. I completed printing out the documents due to printer issues after midnight of the closing date, and was wondering if I should use the documents printed out dated for 9/7/12 and schedule the signing for Saturday, or if the documents must be altered to reflect the actual date of the signing. I notified the borrowers that the signing will be rescheduled for Saturday or later, since even if I went over there at 2:15AM, it would still be Saturday. The signing company was out of the office by then, so I'm wondering if I should risk doing the signing in the morning prior to receiving further instruction from the agency, assuming they work on Saturday (not all commissioning companies work on Saturday); I'm wondering if the greater risk is NOT going to the borrowers as soon as they can attend a signing so that the documents are received on time.
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egw91145

Florida
62 Posts

Posted - 11/15/2011 :  06:35:53 AM  Show Profile  Reply with Quote
I did a closing close to midnight a few months ago. The title company called me and said the documents needed to be dated for the 14th so the scheduled time was 11:45PM. The borrower was a prison guard at out local federal prison and worked the 3-11 shift. Such a nice young fellow, and even at that hour his shirt still looked freshly starched. Of course the company paid me a premium for the lateness of the hour.

EGW
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edelske

New York
815 Posts

Posted - 10/09/2011 :  4:21:52 PM  Show Profile  Visit edelske's Homepage  Reply with Quote
Following the example set by our esteemed governing bodies; namely the House and the Senate; I too, "stop the clock". The signing date is the date I get my first signature. If someone wants the later date I just tell them to wait a few minutes till that date. However, it has been my experience that "rate lock" issues are involved with Midnight jobs. Just about all the time clients need the pre-midnight date. It would be truly weird (even though technically accurate) to change the date at midnight in the middle of the package.
A greater problem is the veiled "backdate" request. You get a call at 10PM for a job that must be dated today. "Doc any minute" they say. Soon followed the infamous "soon, we have a minor HUD delay". Finally, at 11PM it's in the inbox. Print till 11:30 and arrive a few minutes AFTER midnight. "But you said you could give it the date we asked for"...... Sorry, I don't do that.
Best way to avoid: Establish a "must be in my inbox by" and STICK TO IT. One second after your deadline tell the SS or Title, they can no longer get the date they wanted and have them email you to confirm that the date will be what it has to be. Don't start printing until you get that email.......

Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com
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jbelmont

California
3106 Posts

Posted - 10/08/2011 :  2:35:09 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
I was always a late night type of a person. I signed many loans at 11pm, midnight, and even a few at 2am on a busy night (yawn). I'm not sure if I am a tiger, or an owl, being up at that hour, but I am always like this.

I did many document signings right around midnight, which raises an interesting question about DATING the NOTARIZATION CERTIFICATE. Legally, I don't think any state notary law has anything to say about what date you can put on a notary certificate for a document whose signing was partially before midnight and partially after. If it were up to me, I would put either date.

However, I feel that there is a definitive line, or a definitive POINT, which is the exact time (PST please folks) when the signer signs the journal. The signer can sign the document one minute or ten years before they have it acknowledged. However, the journal signing generaly immediately precedes the notary stamping the certificate wording.

On the other hand, many notaries put off stamping the documents until they go home. I would discourage this behavior as it invites screwups, and forgetting to do things. I also discourage prestamping (illegal) or pre-filling out notarial wording. You never know if one of the signers will fail to show up, making the wording useless.

So, the document signing could be done at any time before the signing, and the document stamping could be done at any time after the journal signing. So, the only act that has to be done at a definitive time is the journal signing. Additionally, the act of acknowledging that you signed a document WOULD be the official act if people actually verbally did this. I have never heard anyone speak those words: "I acknowledge that this scribble is my signature on this here document".

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