I had to reschedule my appointment because I did not have the docs in time. However, the lender did not send me new docs what should I do about the dates are one day off.
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I think we need more explanation… What transaction is this? Did you or the borrower cancel? Did you tell whomever hired you that you could not complete the signing that day?
Really, the signing needs to be done the same day as the document date. If the signing doesn’t take place on the doc date, the docs must be re-drawn. Otherwise, the date is not only incorrect, but all the math could be wrong on the ALTA, for payoffs, rescission (if they have it), funding, fees, etc. Did their rate lock expire?
You cannot unilaterally plan to sign stale docs. You have to go back to title or whomever hired you and get new docs or further instruction.
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They did not send me the docs in time for me to go to the appointment. They are aware of the appointment being rescheduled. They had to reassign it me. I asked them about the dates and they did not seem concerned.
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I asked them again this morning.
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This transaction is a refi
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Did not seem concerned? Because they specifically said to use the docs and date change or not concerned because they are planning on sending you new docs before your appointment time?
Do you see what I mean? It’s not up to you. You have to get clear instruction from them one way or the other.
And get it in writing.
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Did you reschedule a new day for the signing? If so, you need brand new documents with the current date.
If you use the old documents with the old date you CANNOT backdate it is illegal. They probably think you’re going to backdate those docs. Beware. And… you never change dates on any documents.
I think you said dates are one day off. With that being said, you need NEW docs with the current date.
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You have to hear from the signing party first, and reschedule after you and lender agree. You can’t correct documents date, nor can do it with different date, other than same date
Sometimes they just cancel or days or even weeks to do that signing. Meanwhile you can take other assignments.
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The SS would need to confirm whether or not new docs need to be drawn. New docs are NOT always needed. There are a couple of forms that would need updating ie, Settlement Statement but that can emailed to signer afterwards. The docs DO NOT necessarily need to be signed the day they are dated. When the signer signs & dates they will be using the correct date and YOU will be notarizing using the date of the signing. You just can’t sign docs on 1/1/21 if they are dated 1/2/21. I’ve done plenty of signings where the docs were drawn and dated days prior.
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So in your words for example: documents are dated January 14th 2021 and the signing is today January 16th 2021. The signers will sign 01/14/2021 on the docs and today is 01/16/2021 and your going to sign and notarize today’s date of 01/16/2021? 
The only dates you are responsible for are the current ones you should not be changing dates on any documents title has a different window for docs you should only use current dates for your notarizations.
No the signers will date the docs 1/16/21 the day they sign them. It doesn’t matter that the docs are dated 1/14/21 what matters is that the correct date is dated when the signer is signing the docs.
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I suppose everyone does things different. But if I got docs on 1/16/2021 dated 1/14/2021 I personally would not do that signing. I would need docs to be the current date for legal purposes. But to each is own. Be blessed.
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It is up to the lender not the notary as to whether the docs need to be redrawn. And many times lenders do not require docs to be redrawn if the signing doesn’t happen on the intended day. Dates are move frequently. There is nothing illegal about signing loan docs that don’t have the date of the actual signing.
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I agree. I only have worked with title companies direct so I always get documents with the current dates. I don’t work with SS so I guess that would make a difference with getting docs with different dates from the lender.
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In your notary journal you record the date of the document. It’s not uncommon for documents to have different dates. That’s for Title, Lender and Escrow to worry about. The notary never alters original documents. The notary is only concerned with the date the document is actually signed. One of the best lines from Mark Wills in his Loan Signing System course is “Don’t be a notary hero.”
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I’m NEW here but to add to this conversation, on a recent signing there are documents in which it states something related to the Coronavirus Pandemic and that documents and dates may be dated differently due to things having to be rescheduled and as long as the signer is made aware, the loan signing can still be completed – as noted, the assignment HAD to be rescheduled due to no fault of the NSA… you can sign and notarize… so if the documents read 1/14/2021 and you sign on 1/16/2021 NO PROBLEM – however, if the documents are dated 1/16/2021 and you sign them 1/14/2021 HUGE PROBLEM,
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Thank you all very much for your replies to my question. I’m actually new to loan signings and have been very nervous while still moving forward. I was scared about the docs not being signed on the date drawn. I asked the lender and they said it was not a problem and don’t change dates so I didn’t. And now that I think about I would not want to alter the docs. What I did was log the correct dates in my journal as appropriate. From what I am seeing is that it changes from lender to lender. I am just used to the doc date and closing date being the same. So when I say the lender didn’t seem to care it’s only that they seemed to feel it was okay that the singing was 1 day after the docs were drawn. I hope this explain it better.
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You need to ask title if they need to redraw new docs with the correct date, is are the docs not date sensitive? if their not date sensitive, your only need to correct the right to cancel dates.
Good luck.
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Be careful changing dates on documents. In Texas this can be considered the Unlawful Practice of Law. I always refer them back to the lender.
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