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Signing, Witnessing and Dating of Mortgage

Discussion in 'Legal Issues' started by JK200SX, 23rd Mar, 2016.

  1. JK200SX

    JK200SX Well-Known Member

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    Perhaps somebody here can advise me on this topic.

    I have received the applicable documents from the bank to sign and return for refinancing a mortgage from one bank to another. The document in question is the mortgage and it is a Queensland Land Registry mortgage that I will be signing from in Victoria.

    I went to a JP earlier this afternoon to get him to witness my signature, and then sign himself and add qualification/stamp. I mentioned to him that the witnessed document must not be dated in the "execution date" part of the document, but he refused to return the document to me unless he dated it.

    Is he correct in saying that the document must be dated?

    I contacted my broker and also the bank and they both said that the document must be returned undated. They even spoke to the JP and he said that he "must" date the doc, or else he will need to cross out his signature.

    Can someone provide me some guidance on this matter?
     
  2. Peter_Tersteeg

    Peter_Tersteeg Finance broker and strategist Business Member

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    Contact your conveyancer or solicitor in QLD and get something in writing from them to convince the JP if necessary. They'll know the answer.

    In my experience, we never date that document, but I've never been qualified to witness the QLD mortgage doc. I've witnessed other states where no special qualification is required, the lenders solcitors have always dated it at settlement.

    Just another reason why QLD is weird.
     
    Last edited: 23rd Mar, 2016
  3. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    what does the date relate to? Date of signing?
     
  4. JK200SX

    JK200SX Well-Known Member

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    Terry,
    It is the execution date on the form in between the witnessing signature and the mortgagor's signature.
     
  5. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    The relevant date may be when the mortgagee signs in that case.
     
  6. JK200SX

    JK200SX Well-Known Member

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    I agree with you, but is there any way to find out a document that I can take with me to the next JP as back up if I encounter the same problem?
     
  7. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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  8. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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  9. JDM

    JDM Well-Known Member

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    I'm assuming it is a Form 2 Mortgage, in which case it should be dated when signed and witnessed. I am not sure why the bank want an undated document?
     
  10. JK200SX

    JK200SX Well-Known Member

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  11. Bran

    Bran Well-Known Member

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    I've dated 4 of these in the last week... the date we signed.
     
  12. JK200SX

    JK200SX Well-Known Member

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    I guess I'm done for reading for the next few months now.......:)

    Anyway, I found on page 60-20, in section 60-0900 the following:
    "
    The execution date must be included when the tr
    ansferor, transferee, person or solicitor executes
    the document."

    I guess that would imply when the bank receives the signed documents and the person(above) executes the document?
     
  13. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    When you sign.
     
  14. Marty McDonald

    Marty McDonald Mortgage broker Business Member

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    Do you have a bit of time before settlement? if so I would let the Jp date it. If the bank needs to redo the doc use another Jp.
     
  15. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    If you look at the forms there is a date clearly next to each of the witness signature spaces.

    Who told you not to date it? - I see it was the bank and broker. Perhaps they don't understand.