What should I do if a client pre-signs mortgage documents?
My client has come into the office with pre-signed mortgage documents. Are there any steps I need to take?
If any contract or mortgage documents have been pre-signed, you must either:
- verify they were pre-signed in the presence of a witness, or
- have the documents re-signed in your presence
You should take note of all signatures on transaction documents and consider examining and comparing signatures with other available documentation if:
- you notice a discrepancy between signatures on the documentation
- you have concerns about the identity of any of the parties to the transaction
- the transaction is higher risk because it exhibits warning signs of mortgage fraud
- you notice that witness signatures appear to be those of a related party
For details of warning signs and further information, see our practice note on mortgage fraud.
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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