Signatures and dates on Mortgage Notes

I am in MN, I have always learned that when you signature a document, that you date it, this is in case you end up in court. I have a couple of new companies that I notarize for Mortgage Notes, and they don’t want the borrower to date next to their signature on the last page. The signature line does not include “date” on it, but I have the client do it, this should be a protection for them in case of any court issues. I am not the only one who does this. Now a note is going around to the notaries that if we have a date written in by the client’s signature, that we will be docked pay!
Any input to why a date shouldn’t be on there? I find it odd.

A Note has the date on the first page. ‘Why’ they don’t want the B to add the date next to their signature–no clue, but the fact that they really don’t want it is one of hiring party’s rules, so it would be wise to heed it.

“but I have the client do it anyways,…”

That’s not your call, unless you plan on seeking out a new career. Do what you’re told, not what you think is right. The signature line on the note doesn’t ask for a date? You DON’T put one.

I wouldn’t be so brusque here.

I agree with FBagnato123 (although it could have been said differently) that one should follow the lender’s rules unless they call for an probable illegal or unethical act (such as backdating documents or providing ‘extra’ notarized acknowledgements). But it’s important to understand, “Why?”

The world of banking is remarkably strange. In what other business do staffs virtually have a grand mal seizure if documents are signed with the wrong ink color (which used to affect whether a document could be scanned or copied). It helps to realize that they have their own job to do, and their own bosses to whom they answer.

Bank policy manuals, underwriting standards, procedures training, counter-party rule and audit guidelines are just a few of the things which affect how document must be executed, and the consequence of improper execution.

For example, if the signature date and the note date conflict, the bank may be ‘out of faith’ (unprotected by collateral) on the for a period of days. It may not sound like a big deal, but it is.

Capital, notes receivable and collateral all affect the solvency and reserve requirements for loan portfolios and a lender. If an audit detects inadequate capitalization, even if by $0.01, at any point in a loan lifetime, the penalties can be devastating.

A loan portfolio having insufficient cash reserves may become ineligible for sale to investors or for certain security agreements (e.g.: default swaps, etc.). The loss of the security agreements further increases the reserve requirement, further increasing the shortfall.

At the bank level, failure to meet the requirements of the Fed, Treasury or Comptroller of the Currency or state regulators can be equally damaging. Huge fines/penalties can be assessed and a bank can even lose its charter (ability to conduct business).

When I was a Citibank VP, I faced disciplinary action for calling a colleague back with critical information, one day before my vacation ended. I may have thought I was doing a ‘good thing’, but federal law and audit requirement required officers to take at least a single, 2-week, zero-contact vacation annually (to allow certain frauds to be discovered). My desire to ‘go the extra mile’ unintentionally put the bank in violation of the rules (I got away with just a warning for that incident).

So, it’s better to follow the instructions exactly; if you feel that something is ‘off’, discuss with the signing agency/settlement agent/lender/etc. before contradicting instructions. Remember, they’re paying you to perform a service as they require it done.

Hope this helps,



Wow… thanks for the education!

Thanks for the answer, that is what I was looking for.
I want to make this clear, when I had the client put a date down next to their signature (where it didn’t state “date”) that was PRIOR to these couple of new companies saying not to. All the other companies I’ve done signings for haven’t said anything. I did this because I worked for 2 real estate attorney’s, and a date next to the signature was ingrained in me. As far as the 2 companies requesting this, I and all their other notaries JUST got the notice yesterday, and I haven’t conducted signings yet since the notification,

I was a real estate closing paralegal in CT for 25 years - I don’t recall ever having dates next to signers’ signatures on the note - if it happened it was very rare; the note is dated on the first page and the mortgage states “secures a note of even date” - unless a particular lender specifically had the signature line with names and the word “date” printed beneath it, no date was required next to the signature.

Many notaries (and I’m not saying you) decide for themselves that this looks like the proper thing to do so they make it a practice of doing it (requiring date, among other things). Doesn’t make it right…just need to follow directions and don’t insert things into the document that aren’t required by lender. When in doubt, discuss with hiring party/title.

Just my opinion on this.

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I have been doing loan signing for over 10 years and have never had borrowers put a date on the Note or any other document that doesn’t have a signature line asking for the date with the exception of yesterday. I did a reverse mortgage and notice in the Notary instructions there were instructions that said all Notes must be dated even if there isn’t a date line. That was so strange to me given I read this post earlier in the morning and then my signing had those instructions :open_mouth:

I’ve had those instructions to put on the dates even if there wasn’t the word “date” on it also from many clients, some don’t say a thing at all, and now I have a couple of companies saying not to. Confusing.

There are other docs that are not dated by the borrower as well, many of them. The note is rarely dated and I simply follow the lenders requirements. If there is no space for a date or does not contain the word “date” I do not have it dated. Using any subjectivity or personal belief in this matter can get you into trouble while following the rules cannot. Beside, Notes are not notarized so I do not see the potential for liability. When my GPS says turn left, I turn left.


LOL - I also work for the Census Bureau - going to a home one day my GPS told me to turn left and I ended up in the parking lot of the Correctional facility.

Just thought I’d throw out a chuckle for all… :slightly_smiling:

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It is not our position to tell the borrowers to add dates when they are not required. However if a signer, borrower wishes to date every single page they have the right to do so and the mortgage company has no say in it. Nor should they care if they are on the up and up. I see notes both ways with and without dates.
You should be more concerned about your notary pages and signatures then the other documents that don’t apply to you.

I agree with your post for the most part but kind of disagree with this - the mortgage company DOES have say in it - and if the signers insist on doing this and the mortgage company doesn’t like it or feels it’s non-compliant with their procedures, they’ll withhold funding until their docs are signed correctly.

If the signers insist on doing this I’ll tell them not to but sure won’t argue with them - let them go ahead. I’d let them know it may or may not be accepted by their lender and may or may not impact the funding of their loan - and before sealing the package I’d include a note explaining that this was how the signers insisted on signing.



If they dont have the word DATE dont put it???