Pre dating checks illegal
Loan documents usually contain three dates: the dated date, which is usually the day the documents are drawn; the signing date, which can be the same as the dated date and is usually the same as the date being notarized; the recording date, which is the date the recordable documents are recorded in the proper county recorders office.
As a Notary Public, you are responsible for making sure the documents are completed, therefore, if a date is requested, it must be filled in.
From an escrow and lenders perspective, however a document signed prior to its dated date is unacceptable and can cause costly delays and even the loss of the entire loan. Always check the pre-dated date on the Note and Deed of Trust when you receive a loan package.
If you notice the dates are for a later date, contact the signing service or escrow company that contracted your services.
The initial right to work check should be carried out before employment starts.
Ideally the check should be performed before (rather than on) the first day of employment, to avoid the need to delay the work start date if the employee is unable to produce satisfactory documentation.
If you are already at a signing, adjourn the signing right away, contact the applicable parties and set up another appointment for the date that the documents have been dated.
To avoid unlawful discrimination, you should have a consistent approach, so if you ask for documents from one applicant, you should make sure you ask for documents from all applicants being considered at that stage.Comment: the ECS is not always able to verify that an employee holds the right to work in the UK.This can leave employers in a difficult position as to whether they can continue to lawfully employ the migrant, with a conflict between its duties under immigration law and the employment rights and protections available to employees.In addition to a civil penalty, failing to undertake compliant right to work checks could lead to UKVI downgrading or revoking sponsor licences held by that employer, as well as incurring significant adverse publicity for the business.This will also affect employees holding visas as, if a sponsor licence is revoked, any sponsored employees' visas will also be curtailed.The employee must instead apply to transfer their visa to a Biometric Residence Permit and, where there is a pending application or appeal with UKVI, the employer must apply to the Home Office for a Positive Verification Notice to obtain a statutory excuse.Comment: as Tier 2 visas will be endorsed on the employee's most recent passport or on a new BRP card, which in many cases will be available before work starts or the last visa ends (as applicable), this requirement will be of more concern to companies recruiting or employing non-European nationals holding personal visas that are not sponsored, for example employees on Tier 1, Tier 4, Tier 5 or dependant visas.Overview To get a statutory excuse, employers must follow a three step process, as set out in the summary guidance: Employers must keep on the relevant personnel file hard copies or scanned unalterable copies (e.g. A note must be made of the date the check is conducted.The copies must be kept securely for the duration of the person’s employment and for a further two years after they end work.You should take advice before making any decision if you find yourself in this position.International Students Comment: these additional checks reflect concerns that international students may exceed their permission to work.