08/07/2018
Q:
Can a Notary Signing Agent notarize a document that is dated after the signing appointment? Sometimes — but it depends on the type of document and loan involved.
A:
It is universally recognized that the date on a notarial certificate must be the day the notarization was performed. And home loan documents — for example, the deed of trust or mortgage — generally are dated before or on the same day as the notarization. But with certain types of home loans offered by certain lenders, it is a common — and acceptable — practice for documents to be dated after the notarization was performed.
Generally, the “future” date appearing on the deed of trust or mortgage is near the end of the calendar month. This is because the lender chooses to fund all of its HARP loans in the month at one time. This is known as “bulk-funding.”
If you took a loan-signing assignment in the middle of November, for example, the documents might be dated November 30. This is okay as long as you follow two critical steps:
1.You enter the actual date of the notarization on the certificate of acknowledgment, not the date appearing on page 1 of the mortgage or deed of trust.
2.The borrower enters the actual date of signing on any documents requiring a date next to the signature.
If you are asked to notarize a deed of trust or mortgage for a HARP loan, the NNA recommends that you make a note of the date of the post-dated deed or mortgage in the Notary Journal.
Credit: National Notary
