The date in the upper right hand corner “block” – above “M disbursements to others.” Can this date be the date the document was prepared or must it show the date the customer signed the document? Our dates frequently do not agree. I thought the correct date was the date that the customer filled in beside their signature.

From Appendix A:

...The settlement date is the date of settlement in accordance with §3500.2, not the end of any applicable rescission period.

From 3500.2:

Settlement means the process of executing legally binding documents regarding a lien on property that is subject to a federally related mortgage loan. This process may also be called "closing" or "escrow" in different jurisdictions.

If we believe that the customer properly dates the document at closing, is it a violation if the date at the top of the doc is earlier than the date that the customer signs?

The instructions state that you are to enter the settlement date in the appropriate section of the HUD 1 or 1A. If the dates differ I cannot opine as to how your examiner will view that.

It would, IMO, be a technical violation.

What I would be concerned about if the settlement statement and all other loan documents are dated the 10th and the borrower signed and dated everything on the 12th; if the transaction is subject to rescission your rescission begins on the 12th not the 10th, and your rescission notice would have the wrong dates therefore being inaccurate.

Good point! Thank you Dan!

Good point! Thank you Dan!

Good point! Thank you Dan!