My wife and I were supposed to close today 12/05/2025 for a home we purchased in Southern California.
I just got a call from my agent that they were not able to record the sale with the county, because apparently a part of my signature for the notary was encroaching an area that it was not supposed to and the county would not accept the paperwork because of that. We signed the deeds and the notary on Monday of this week (12/01/2025) and we already have movers scheduled for tomorrow along with all of the utilities to start tomorrow.
Our loan is fully funded and there is nothing that would cause any red flag for the purchase of this home – and apparently we cannot close until Monday due to a signature not being correct for a notary.
The Escrow is giving my agent the excuse of "this has never happened before" line, which from my experience has always been somebody screwed up and is not taking accountability for it. But seriously, in this situation who is responsible for this screw up? They had the entire week to verify that the signature was good and will have no issue getting accepted.
We have accomplished and submitted every necessary documents and tasks on time and now we are going to have to pay the price for somebody else screwing up?
Posted by SavingsPoem1533
17 Comments
Our notary gave us specific instructions about our signatures and told us not to encroach for this very reason. Not saying it their fault but I don’t think it’s a “this has never happend” situation.
If you’re “fully funded”, the house should be yours. If the sellers got their money, which is what funding means, then you should get the key. If the sellers haven’t been funded, then you are not “fully funded”.
FYI, Texas funds immediately upon signing the documents and the lender sends in the money. We do not need to record to “fund” and give the keys to buyer. Seller gets money once Lender sends money. If it’s cash, keys turn over immediately.
Unfortunately this happens, rarely, but it does. I’m a notary and also an escrow officer (20+ years). I do tell my clients to be careful when they’re signing so as to not encroach and take any chances. Some county clerks are more strict than others and will pull the recording, such as in your case. With that said, some notary publics and/or escrow officers aren’t as experienced and have not had this happen to them because they’ve been lucky.
Stop passing the buck…you didn’t sign within the line. Notory/clerk might be being a stickler, but it’s on you.
How much will this cost you?
No bid deal, you’ll record Monday morning. Happens all the time on Friday closings.
Just go to another rotary right now and resign.
If this is the worst thing that happens involving this house, you’ll have a long, safe, and warm life there.
Congratulations and enjoy.
You should be able to get a pre-occupancy agreement and move in.
I’ve never heard of this, but if I ever need a notary I’ll remember to stay in the signature boundary.
Sorry this happened to you. I’d be upset as well.
That sounds like the fault of the notary. Sorry this happened but you’ll just have to make it work.
Who’s got the keys? Draft an early occupancy agreement and the sign and move in and the county can record when they want to
This kind of happened to me. The sellers had a bankruptcy hearing delayed past closing date. My agent arranged for me to have movers, etc. as planned and it all went fine.
How would a deed get recorded before closing? I’m confused logistically. Recording isn’t even a requirement for title transfer.
Edit: I see this is customary in SoCal. Yeah, if this prevented the sellers from receiving their money from escrow, you definitely don’t have title yet.
It’s annoying someone didn’t catch your mistake earlier, but it was your mistake. Always sign within the borders of a signature box.
These things happen, even to the best professionals. Sometimes crappy things happen, that’s the beginning and end of it. I know you want to blame someone, but why don’t you just chalk it up to the fact that we’re all human beings and nobody is perfect. It very well could’ve been someone on the county end who is making an issue where one has never been made before, that happens as well.
Can you ask the owners if you can still move in? Sign a waiver, pay rent for two days?
Dude, while this sucks and is a huge inconvenience, if this is your only issue buying and moving in this economy, you are truly blessed.
Delay the movers. And, as a former notary, next time, don’t sign all “John Hancock like”. No one will take any blame for this ever, no one to sue.
You’re angry right now. Once you’re enjoying your new place, you will enjoy it more if you just let go of the animosity