Posted by notary4az2 on 10/31/07 12:40pm
Msg #219027

Backdating

I arrived at a signing on Fri nite and was turned away by the bo because he knew nothing of the appointment (one of those last minute ones) I called and reported the bo comments to the title co that hired me. On Sat, I received a call from the LO and she asked that I go over to the bo home and sign him, but that she wanted the docs back dated to Fri - I told her no, I have never back dated docs. Now this is a major lender and I would like to know if we report these LOs and to whom. It just makes me angry that a LO would even ask me to do this because she wants her payment before the end of the month.

Reply by Eric2OO2 on 10/31/07 1:14pm
Msg #219033

A loan officer from CountryWide recently asked me to do the same.

Reply by docs1954CA on 10/31/07 1:22pm
Msg #219035

I've been asked numerous times to perform this illegal act. I've never complied. I think next time I'm asked, I'll tell them, sure, no problem, than date for the current date.Then if there's a problem getting paid, they can explain it to the court their reasons.....

Reply by sue_pa on 11/1/07 7:29am
Msg #219171

that's one of the dumbest things I've ever read here

You're going to complete an assignment that you know will be rejected and you won't be paid - to say nothnig of the additional time spent with the phone calls you will have to field when they get your package back. Then, you will spend your time with collection efforts. Then, are you actually telling us that you'd file suit? I highly doubt it. You're telling us that you'd do a job, realizing you won't get paid, and then spend more time attempting to collect than you did on the job - including some out of pocket filing costs? Makes good business sense to me.

Reply by Tannis Zamora on 10/31/07 1:53pm
Msg #219046

I am curious, did you not contact the borrower before the appointment to introduce yourself, get directions etc. Perhaps you would have found out what was what at that time.

I agree, BACKDATING is not an option.

Good luck

tannis zamora TN

Reply by SReis on 10/31/07 1:57pm
Msg #219049

Re: Tannis' comment

I had same thing happen to me on Thurs evening. I called BO 3x & was continously told he was still not home from work. LM & number for him to call. Was told by ss to go there anyway because someone from escrow was/had contacted them re: the signing. Guess not. I would not normally go to BO house w/o confirming directly w/BO but when your told to do it & will get paid for it then I'm willing to do it.

Reply by natogan on 10/31/07 2:05pm
Msg #219053

Re: Tannis' comment

I am sorry, but I have a question for notary4az2. Did you confirm your appointment with the borrower? Once, I had almost the same issue but SS solved it before I had an appointment.

Reply by notary4az2 on 10/31/07 4:55pm
Msg #219106

Re: Tannis' comment

Yes, I did call the borrower several times but he did not answer - why waste the trip - anyway, 30 min before the appt time he answered and I told him I was only 5 to 10 minutes from his house, He asked why I was coming. Anyway, you know the rest of the story but what has that got to do with an LO asking me to backdate docs? And who do you report this sort of activity to?

Reply by Stamper_WI on 10/31/07 5:10pm
Msg #219114

Re: Tannis' comment

Wait a few weeks and check at the register of deeds for the mortgage to be filed. Check the date and the notary. If it is dated for the original date, get a copy and any supporting correspondance of your original appt ( confirmation etc) and send it to your SOS. They will take it from there. Or
Just call your SOS and tell them you think it may be a backdating situation. They can inveatigate.
Over and above the penalties in the notary arena, the US Codes have penalties of up to 1 mil for falsifying information to induce the funding of a loan. I think it was us code 285 Not sure

Reply by dickb/wi on 10/31/07 7:33pm
Msg #219134

u know that back dating the documents is not....

a problem for the borrowers if the lender or lo wants that.......what is a problem is backdating the notarizations.....i assume that that is what they wanted you to do.......it wasn't clear....

Reply by Tannis Zamora on 10/31/07 2:30pm
Msg #219061

Yes I have had.........

that happen as well. After being burned a couple of times I now make it clear up front that unless I have contact with the borrower I must turn the job back in.

BUT, the other side of that story is I live in a very VERY rural part of middle TN. I mean the hollars and the ridges etc. So my time is really extended for each appt because of the driving time involved, both in miles as well as conditions. It is SO EASY to get lost.

I hope to add a GPS to my business expenses after tax refunds this coming year.

Talking to the borrowers before hand; many many times; have solved problems and saved SS and TC's money and time. Being a woman alone etc well it just seems like good practice.

But I have done as you have done as well. If they tell me I will be paid then I will do it.

tannis zamora TN

Reply by JinCA on 10/31/07 2:01pm
Msg #219050

I too got a call on Friday from Northstar Notary to go the borrowers house on Sat, but backdate to Friday. Of course I said no. Shame on whatever Notary in Humboldt Co. that took it.

Reply by Roger_OH on 10/31/07 2:16pm
Msg #219055

I always ask them...

to put their backdating request in writing and I'll run it past my SOS office. That usually cures them, as well as a reminder that backdating is FRAUD, which is a FELONY.

If I find out afterward that it was backdated, I WILL turn in the offending notary.

Reply by Kathy/ID on 10/31/07 3:18pm
Msg #219082

I had a signing on Friday, but could not get a hold of the borrower so I did not go to his house. I got a call on Monday for that signing and was asked by the LO if I would use the old docs and back date them to Friday, as it would cost the borrower to redraw the docs. I advised her that it is illegal for me to do this and I would not do it. She had the documents re-drew and I did the closing last night.

Reply by Maureen_nh on 10/31/07 9:56pm
Msg #219148

You did your job, and correctly. That being said , don't be in a big hurry to "report" someone.
At least, where it won't leave a trail back to you.
Being right is not always the name of the game.