Posted by Polly_CA on 4/9/05 7:22pm
Msg #30732

Loan officer asked me to backdate

Its my understanding that I/we as notary signing agents are not to backdate documents, its against the law isnt it?

Reply by Sylvia_FL on 4/9/05 7:25pm
Msg #30734

Yes, it is against the law to backdate your notary certificates. But, they will still ask you to do it. Eventually they will get a notary that is less than ethical and will do it for them

Reply by uNREAL on 4/9/05 7:40pm
Msg #30739

I recently went on a signing. The signing company called and said they had a signing I asked when is it scheduled for, the reply was today or tomorrow. I informed her I would not be able to do it today. Tomorrow would be fine. We received the docs only to find out that the date was for the previous day. We tried getting a hold of the loan officer, she did not return our call. Anyway, I corrected the RTC and informed the borrower to sign with todays date and that they may have to do this all over again because I will not pretend that today was yesterday. The borrowers also wanted me to backdate the material. I told them I am not able to comply.
To me it would not be smart to jeporadize myself for one signing.

Reply by Polly_CA on 4/9/05 7:41pm
Msg #30740

Thats what I said!

She got all upset and began to tell me how the other notary they use will do it for her whenever she asks, and that it isnt unethical. Then she said that I should have told her before hand "how I operate" so that she could have used the other notary. I couldnt believe my ears! So I told her that I am not going to backdate documents for her or perform any other illegal acts she might ask me to do.
The reason she wanted the docs backdated was because she wanted to be paid earlier than she was going to be. (It was a saturday).

Reply by Sylvia_FL on 4/9/05 8:04pm
Msg #30743

Re: Thats what I said!

It is also in violation of RESPA. The borrowers have to have the full three business days in which to cancel.
There was a message posted to one of the forums whereby a signing agent had backdated at the LO's request. The borrowers tried to cancel on what should have been the final day of the recission period, only to find that they did not have the full three days.

Reply by Ted_MI on 4/9/05 8:33pm
Msg #30748

Re: A lawsuit??

Sylvia,

The S A may have 'bought" himself or herself a lawsuit. I think most sa's think of the consequences of backdating as losing their commission. That is what I had always thought of. But I think a lawsuit under these circumstances is a real possibility.

Reply by Sylvia_FL on 4/9/05 8:38pm
Msg #30749

Re: A lawsuit??

If I remember correctly there was a lawsuit. I don't remember the details, but it was posted to one of the message boards. Maybe someone else can remember more.

Reply by Ted_MI on 4/9/05 8:43pm
Msg #30752

Re: Doesn't surprise me at all.....

Sylvia,

I have not read the thread you are referring to, but that doesn't surprise me in the least as the unwarranted (and probably illegal) conduct of the signing agent precluded lawful actions being pursued by the borrowers and negatively impacted their interests. Now it is just a question of what their damages would be.

Reply by Paul_IL on 4/9/05 10:35pm
Msg #30775

Re: Thats what I said!

Actually Sylvia there are rare times when the 3 day RTC can be waived.

Reply by Sylvia_FL on 4/9/05 10:42pm
Msg #30776

Re: Thats what I said!

Yes, and they are very rare times.

Reply by PAW_Fl on 4/9/05 11:30pm
Msg #30785

Re: Thats what I said!

Not as rare as I thought. I did quite a bit of "foreclosure salvations" (my term) which frequently had an RTC waiver agreement in the package. The waiver was necessary to be able to fund the loan in time to stave off the impending foreclosure.

Reply by Paul_IL on 4/9/05 10:33pm
Msg #30774

Re: Thats what I said!

Next time a title company, SS or LO asks you to back date ask them to put it down in an e-mail and send it to you. If they actually do it then report them

Reply by Maureen/nh on 4/9/05 8:54pm
Msg #30755

Re:A little different

Had a call from a borrower, wanted to change time because non borrowing spouse wouldn't be availble at appt time on Mon. Sure, no problem after I check it out with lender. I mentioned that I was promised the docs for today. ( they didn't come )
Well can we sign today--No docs were not official until Mon. The rest of the conversation went downhill. They had had a notary who was very accomodating and would put anything they wanted down and they were in the property business and could give me a LOT of work, blah blah, blah.

This ought to be interesting, I love dealing with people that think I have a price.

Reply by Laura_NH on 4/9/05 8:57pm
Msg #30756

Re: Re:A little different

Maureen, what county are you in? sometimes i have reqs for daytimes hrs; and I work a fulltime job and do signings at night, and cannot accomodate. Can refer you, if youre available. laura

Reply by Maureen/nh on 4/9/05 9:26pm
Msg #30762

Re: Re:A little different

I am in Chehire--do Hillsborough, Merrimack and Sullivan if not too far and have time AND they'll pay travel. I'll go to Coos if they pay a lot and hotel fees.

Send me your info and I'll be glad to refer if I get a call for your area
[e-mail address]

Reply by Paul/MD on 4/10/05 2:30pm
Msg #30828

Ask the Loan Officer



Ask the Loan Officer to put it in writing for you. Then ask him if he receives his paycheck "post-dated"

Reply by Reggie on 4/10/05 5:20pm
Msg #30837

It is against the law according to the booklet covering Notories Public in Kansas.

If you know the name of the LO who asked you to back date I would turn him in to the SoS in your state and let Him/Her take care of some one who IMHO is breaking the law. I think it is against the law to ask someone else to knowingly break a law. I think IMHO he is asking you to Lie on the forms
you Notorize. Anyway let the SoS take care of it.

Reggie
Kansas

Reply by Sylvia_FL on 4/10/05 9:44pm
Msg #30857

Reggie
It is a great idea in theory, but, unfortunately, in practice it is a case of he said/you said etc, it is one persons word against anothers. And you know the LO would not put it in writing.

Reply by Polly_CA on 4/12/05 1:58pm
Msg #31202

...Loan officer didnt think so

I saw her the other day and she told me again how backdating isnt a big deal, and that she only does it when the borrowers have to sign on the weekend anyway. Also, if you can believe it, she didnt believe me when I told her its against the law to backdate.