Posted by Rosa Radspinner on 1/20/11 4:52pm
Msg #369430

Is it considered back dating?

I was asked to do a re-sign with a borrower for a signing I did in December. The lender did not like the way some of the documents were signed (did not say exactly why). Anyway, they want me to date them for the date in December rather than today. If the documents are the same (no changes) and it has already been logged in my notary log for December, is it considered back dating? Any help on this would be appreciated.

Reply by Stephanie_CA on 1/20/11 5:06pm
Msg #369434

Yes;new notarization;needs to be dated the day you notarize. n/m

Reply by Linda_H/FL on 1/20/11 5:12pm
Msg #369435

Re: Is it considered back dating?...yes it is

New notarization = current date in certs...also new journal entries.

Did they explain what the lender didn't like about the signatures? If the documents were signed correctly but lender is just getting nitpicky (no error on your part), I hope you're getting another fee to do this ...

Reply by Rosa Radspinner on 1/20/11 5:20pm
Msg #369439

Re: Is it considered back dating?...yes it is

Yes, I am getting another fee. No, they did not say what they did not like about the signatures. Both the TC and the SS state that if the document is the same and just needs to be resigned and it has already been posted in my journal, it is not considered back dating. The NNA says otherwise - exactly what you all have said.

Reply by jba/fl on 1/20/11 5:37pm
Msg #369445

Remember: Buyers are liars. Who is buying your services?

They are buyers, no matter who. You are selling your time, know how, etc.

Stick to what you know is right....most of us have been there to hear these lousy stagements too.

Reply by MW/VA on 1/20/11 7:48pm
Msg #369484

Re: Is it considered back dating?...yes it is

Always remember that no matter what rationalization is attached to the request to back-date, it's still back-dating, not "correcting" the docs. We're the one's on the chopping block if we do it--it's illegal for us to notarize with any date other than the one we witness the signature. It doesn't matter what date they put on the docs, only the date we use in our notarial certificate.

Reply by A S Johnson on 1/20/11 5:33pm
Msg #369444

Have the Escrow officer from the titlr co put that in writting, a letter with a wet sig.
Then send it to the state office that issues you Notary commission to see what they say.
If the escrow officer won't put this request and the reasoning for it in writting, you now understand they are not going to go to jail for this request. But you can.

Reply by PAW on 1/20/11 5:41pm
Msg #369446

You bet. The CO Notary Handbook states the following:

Notarial Certificate: The required statement that appears at the end of a document that is completed and signed by the notary public. This statement includes the jurat, the venue or location where the notarization occurred, the date of the notarization, and the notary public’s signature, seal, and commission expiration date. This is sometimes also called simply the “notarization”.

Note that certificate indicates the "date of the notarization". So, if you take a new acknowledgment or give the signers an oath, and they sign on a new date, then you must include the new date in your certificate because it must reflect the actual date the notarization was completed.

Additionally, the manual also strongly states, in regard to the date:

"When the notarization took place, the date of the notarial act. A notary may not pre- or post-date any notarial certificate. This is true no matter how a client may plead or bully for an exception to this requirement, and no matter what date is on the document itself."

Reply by Rosa Radspinner on 1/20/11 6:03pm
Msg #369453

Thank you all for your input. I had never come across this situation and thought maybe I had misunderstood the circumstances. Thanks again.

Reply by Ali/IL on 1/21/11 12:49pm
Msg #369544

I had one where the package got lost. Title wanted me to go back and have everything signed with the old date. I told them that my cert would have to be dated for the new meeting date. They had to accept it.