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#2219617 - 08/13/19 03:43 PM Wrong Date on State of PA Loan
parker1962 Offline
Junior Member
Joined: Jul 2019
Posts: 32
On a PA state loan, this is a mail away, closing date 6/28. Borrower signed all docs 6/27. Closing office is not willing to redo the docs. Is re-closing the only option at this point?

Thanks in advance!

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#2219620 - 08/13/19 03:55 PM Re: Wrong Date on State of PA Loan parker1962
kh5040 Offline
New Poster
Joined: Feb 2017
Posts: 8
Without knowing whether this is consumer or commercial, secured or unsecured, closed or open, or has other attributes like a sold loan or SBA loan, etc. its hard to give a real specific answer, but I suggest exploring just doing a simple modification agreement to clarify that although the date of execution was 6/27, the parties intended that the loan documents be effective 6/28, and the borrower(s) reaffirms the documents and validity of any lien created by any mortgage. Usually there is a provision in your loan docs that says something to the effect that the borrowers will cooperate if you need to get them to sign something new to fix any errors. To me, that seems a whole lot easier than "re-closing," which I assume either means forcing the customer to pay off the loan and do a whole new loan or re-doing a completely new set of docs that will be signed in August but retroactive to 6/28. If there was collateral and/or title insurance even the latter would have huge cost and legal implications.

Just my 2c, hope that helps.

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#2219621 - 08/13/19 03:59 PM Re: Wrong Date on State of PA Loan parker1962
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,356
Galveston, TX
Yes- it really is a question for legal counsel. I am not familiar with PA law, but in Texas, the date of the documents would control the effective date and not the date of signature. If you have title insurance, you would also need to run it by them as to not to jeopardize your title policy.
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#2219626 - 08/13/19 04:32 PM Re: Wrong Date on State of PA Loan parker1962
parker1962 Offline
Junior Member
Joined: Jul 2019
Posts: 32
Thank you both! This is a consumer/residential - secured - open loan

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