Posted by Raquel Towarnicki on 3/27/09 8:39pm
Msg #282430

Date on signing Docs.

A title co. has requested me to do a signing on monday 3/30 but the docs. will be dated 4/8, they did ask me if I was Ok with it..... since this is the first time that this happened to me I do not know if I should do it .... I am not looking for legal advise I just like to get an opinion so I do not run into trouble.
Thank you

Reply by PAW on 3/27/09 8:50pm
Msg #282432

From a notarial point of view, the notary is not concerned with the contents nor effective dates of documents. But, it must be made very clear to the hiring agency (signing service, title company, lender, whoever) that all notarizations will reflect the actual date the notarial act is performed. That is, if the documents are dated for April 5, 2009 and are signed and notarized on March 30, 2009, the notarizations must reflect the March 30th date in all certificates.

The date the signer's put next to their signature is up to them. However, I always caution my signers that future dating can create problems is something happens between now (the date the documents are actually signed) and the date that appears next to their signature. This is further troublesome if the signer future dates their signature and the notarial certificate is dated for the actual date of signing.

I would check with the title company to make sure, in no uncertain terms, they understand that your notarizations will reflect Monday's date (3/30/09).

Reply by Linda_H/FL on 3/27/09 9:32pm
Msg #282438

Agree with Paul - your certs must be dated the date the

people are in front of you...gonna go out on a limb here and state that if the signers have to date next to their signatures, then those dates should match your cert too - you obviously can't notarize a future dated signature ... my .02 FWIW

Reply by Raquel Towarnicki on 3/27/09 9:40pm
Msg #282440

Re: Agree with Paul - your certs must be dated the date the

Well they are asking that I notarize w/future date too ... so ... I do not understand why they are coming up w/this issue, when I asked they said that borrower wanted to close on 3/30 ...
not the following week.

Reply by Bob_Chicago on 3/27/09 9:47pm
Msg #282443

You are going to look really silly if, Heaven forbid, you

or one of the bwrs dies on April 1, to celebrate April Fool's day.
As everyone else said, your notarization should ONLY reflect the date
that the bwrs appear before you , and sign the dox.

Reply by Raquel Towarnicki on 3/28/09 9:06am
Msg #282496

Re: You are going to look really silly if, Heaven forbid, you

I did send them e-mail stating that Docs. can be dated for april 7 but notarization will be dated the date borrower signs. ... will wait for their reply.

Reply by jba/fl on 3/28/09 9:39am
Msg #282502

You are right, just don't hold your breath waiting. n/m

Reply by PAW on 3/27/09 9:49pm
Msg #282444

Re: Agree with Paul - your certs must be dated the date the

Please read the Florida Governor's Reference Manual for Notaries, pg 29.

Florida Statutes 117.05(4) states:

When notarizing a signature, a notary public shall complete a jurat or notarial certificate in substantially the same form as those found in subsection (13). The jurat or certificate of acknowledgment shall contain the following elements:
(a) The venue stating the location of the notarization in the format, “State of Florida, County of
_______________.”
(b) The type of notarial act performed, an oath or an acknowledgment, evidenced by the words “sworn”
or “acknowledged.”
(c) That the signer personally appeared before the notary public at the time of the notarization.
***(d) The exact date of the notarial act.***
(e) The name of the person whose signature is being notarized. It is presumed, absent such specific
notation by the notary public, that notarization is to all signatures.
(f) The specific type of identification the notary public is relying upon in identifying the signer, either
based on personal knowledge or satisfactory evidence specified in subsection (5).
(g) The notary’s official signature.
(h) The notary’s name, typed, printed, or stamped below the signature.
(i) The notary’s official seal affixed below or to either side of the notary’s signature.

If you don't use the actual date, i.e. future dating, you have violated this statute. You can tell the title company that Florida Statutes require you to use the actual date, not a past or future date, but the date the signer appeared before you and you performed the notarization. Don't put your commission on the line for back or future dating.

Reply by Linda_H/FL on 3/27/09 9:49pm
Msg #282445

Curious to see what the company would do if

borrowers or YOU for that matter, God forbid, were in a horrid accident between Monday and 4/8....how did they sign or how did you notarize when they or you were so badly injured...or worse...

I think you know what you have to do, Raquel...at least I hope you do....am really curious what company is asking you to do this..and why.

Good luck with this...

Reply by CaliNotary on 3/27/09 9:50pm
Msg #282446

Re: Agree with Paul - your certs must be dated the date the

"Well they are asking that I notarize w/future date too"

All this requires is a little common sense. Aside from the fact that when you're notarizing the wording makes it clear that the date you're putting is the date they appeared in front of you, there's no guarantee that you or the borrower will even be alive on the future date. Do you really want to try to explain to a judge why you notarized a document for Bob Smith on April 8 when he was killed in a car crash on April 6?

Reply by Lee/AR on 3/27/09 9:59pm
Msg #282453

You know what? It isn't just the horror story that is scary

it could be something as simple as the B's later deciding they want out of this and can produce all kinds of evidence that they weren't there when you 'claim' they appeared before you & you notarized something. And, it's true. They weren't there. Just stick to the law, hey?

Reply by Teddog/CO on 3/28/09 7:49am
Msg #282478

Re: Agree with Paul - your certs must be dated the date the

Yes, a simple answer "just do it by the book." No fuss, no mess and no problems. Just keep your life simple without any "future" problems.

Have a great weekend all

Reply by Maureen_nh on 3/27/09 10:44pm
Msg #282466

Your responsibility as an officer of the state is to verify ID, make sure the signer is cogent and willing,and/or sweares to you as a legal representative and to provide a date on which the document was either exicuted or sworn to.

They can play all the games they want. You do not have that option.

Reply by JerryhFL on 3/29/09 2:29am
Msg #282551

I thought the question concerned the document date not the notarial date?

Reply by Linda_H/FL on 3/29/09 9:31am
Msg #282554

Re: Date on signing Docs....Jerry

In her response to my post she said "Well they are asking that I notarize w/future date too "

Therein lies the issue...

Reply by JerryhFL on 3/29/09 10:29am
Msg #282561

Re: Date on signing Docs....Jerry

In another post by her she did say that she would date the day the notarization took place and ask about the document date being greater than the notarization date.