Posted by MiMi on 6/25/04 9:05pm
Msg #3531

Illegal Request!!!

I received a call today from someone in CA asking me to notarize some documents on Tuesday, June 29, 2004 but I would need to date them for today June 25, 2004. He offered to pay me $300. I might be new at this but it wouldn't be ethical to do this. When I told the guy this he said, oh! I'm a notary and I do this all the time. Should I report this to someone or some agency?

Reply by Sylvia_FL on 6/25/04 9:22pm
Msg #3532

This has been a question that has come up on other boards.

We are Public Officials! (A lot of notaries seem to forget this, probably because they see themselves as signing agents first and notaries public second)
As a public official it is our duty to reporr malfeasance of duty to the state's notary division.

Problem here MiMi, is you say this scheduler that called you is in California, - you don't say where you are? And do you know the name of the person that called you (full name).
If you do know for sure who this person is, you should call the California SOS Notary division and report it.
(From experience nothing may happen, but you will have done the right thing)
Notaries Public who commit illegal acts reflect badly on the profession.

Reply by Mimi on 6/25/04 9:41pm
Msg #3533

I did get a name and I'm in New Jersey.

Reply by Sylvia_FL on 6/25/04 9:57pm
Msg #3535

Re: Illegal Request!!! (Joan Bergstrom - are you here?)

MiMi
A hint:) When you post your name post as MiMi/NJ - this way we know where you are from, and if you are asking a notarial question, someone from NJ may be able to answer you better:)

I would call the CA State Notary division and report it. They may ask if you want to file a formal complaint - I know if you don't probably nothing will happen - maybe nothing will happen anyway, but you will have done the right thing.

Maybe if Joan Bergstrom sees this she can "jump in" as she is in CA.

Reply by Joan Bergstrom on 6/26/04 9:45pm
Msg #3571

You should report this person. We are all asked to back date at one time or another and its the notary who will pay the price. Your commission can be suspended or revoked for back dating. The sad price you pay as a Notary is if you back date you will get a reputation within a company as someone who backdates and then there is no turning back until eventually a borrower decides to blow the lid on their particular backdated loan and your journal winds up as the center attraction in a lawsuit.

Sylvia is correct, we need to think of ourselves as a "public official" and not a loan signer.

Reply by JHS/Fl on 6/26/04 7:27am
Msg #3545

I was called to do a signing on 23 June but was asked to back date to 22. Agent told me it was ok with borrowers and should matter. I didnt do it. Just wondering if borrower and Title company dont mind is it ok to back date one day.

Reply by Sylvia_FL on 6/26/04 7:35am
Msg #3547

It is never OK to backdate! Whether it is one day or a week. Backdating is illegal whichever way you look at it! Of course borrower and title company won't mind, but it is your commission on the line. One case of backdating and you lose your commission and there goes your career as a signing agent.

Just say NO!

Reply by MiMi/NJ on 6/26/04 11:30pm
Msg #3573

Thanks for all your comments and of course I know better. There's no way I would compromise my integrity not to mention my commission for any fee. I will report this.

This forum is great! Thanks again.