Your Cookies are Disabled! NationalNotary.org sets cookies on your computer to help improve performance and provide a more engaging user experience. By using this site, you accept the terms of our cookie policy. Learn more.

Notary Signing Agent Tip: Dealing With Post-Dated Loan Packages

calendar-resized2.jpg

Updated 8-1-18. If a Notary Signing Agent encounters loan documents that are dated after the signing appointment, is it OK to notarize them? Sometimes, depending on the document and type of loan. 

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.

HARP Loans
 

Loan document packages circulating under the Home Affordable Refinance Program (HARP), for example, are often post-dated.

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:

  • 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.
  • 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 your Notary journal.

‘Table Funding’
 

Some states allow a practice called “table funding.” This occurs when the loan is funded at a closing by an advance of the loan funds from the lender.

In these circumstances, the documents may be post-dated because they will be sent to the absent party to sign at a later date. When this happens, it’s also permitted to notarize the post-dated documents.

Post-dated documents may be notarized since the date in question appears in the text of the document. Notaries typically aren’t responsible for ensuring the accuracy of the document text. When reviewing documents, your only responsibility is to make sure the document is complete and does not have any blank spaces. You are not responsible for the contents of the document.

Kelle Clarke is a Contributing Editor with the National Notary Association.

 

10 Comments

Add your comment

John Cown,

18 Apr 2016

Likewise, I suppose, dox that pre-date the signing. The only date we should be concerned with is the actual signing date in the notarial certificate. Where the signer's signature line includes a blank date, I ask they they correctly date their signature as before. If the signature date has already been printed (either before or after the signing), I do nothing. Correct?

National Notary Association

19 Apr 2016

Hello John. As stated in the article above, the date on the notarial certificate must be the date the notarization is performed.

Beverly Stokke

25 Apr 2016

I am a CA notary and I have always understood that we cannot notarize post dated docs, it is even spelled out in my NSA training materials. That said, I don't actually see that restriction in my state handbook. I just dealt with this exact situation last week and we moved the signing to the next day to match the doc dates. Just to be clear, post dated docs are OK to notarize in CA?

National Notary Association

26 Apr 2016

Hi Beverly. Generally, any document bearing a future date that constitutes the effective date for the transaction may be notarized. However, the notarial certificate must indicate the actual date of notarization.

DWB

01 Sep 2016

Similarly I received a notarized Bargain and Sale deed in a real property purchase wherein the signature date is exactly one month later than the notarized date. Does this affect the validity of the deed?

National Notary Association

01 Sep 2016

Hello. As mentioned in the article above, the date on a notarial certificate must be the day the notarization was performed. Any questions regarding the validity of the deed should be directed to an attorney.

John Axt

07 Aug 2017

I don't see this a a question that can be adequately answered by anyone other than the title company or lender specific to that transaction. As long as the Notary is putting in the correct date of the notarization, the rest is up to the client, in my humble opinion.

Jack Crawford

07 Aug 2017

Does this apply to Jurats as well as Acknowledgements as long as the date next to the signature is the same date the document is signed and notarized? If so, which date should go in the optional section of a loose certificate, the date at the top of the document or the date it was signed and notarized?

National Notary Association

08 Aug 2017

Hello. The "Optional" section included on NNA pre-printed certificates is a separate, additional box for including additional details about the document if desired, but there are not set guidelines for this because you are not required to complete the information in the "Optional" box.

Jack Crawford

08 Aug 2017

Still unclear as to whether it applies to both Jurats and Acknowledgements.

Leave a Comment

Required *

All comments are reviewed and if approved, will display.