Posted by yoyo on 8/29/05 2:35pm
Msg #62471

Backdating

I just got a call from SS to do a closing tonight, I had agreed until he tells me that these docs are date sensitive and need to be dated last fridays date. I said I don't backdate and it's against the law. Then the SS says I didn't know that. Yeha right. Can you beleive some of these SS.

Reply by NPBayAreaCA on 8/29/05 2:42pm
Msg #62473

Who was the SS?

Reply by Tina_MA on 8/29/05 5:13pm
Msg #62504

I would give them a noncommittal answer, complete the signing with the correct date, and call it day.

There's nothing they can do since you did your job correctly. What are they going to do? -- call the SOS and state that you didn't backdate like they told you to?

I think when presented with this scenario, we should accept the job and do it correctly. After awhile, these co's will realize that they cannot have docs backdated and will stop asking us to do so, and will stop hunting for Notaries to break the law.

Reply by John_NorCal on 8/29/05 10:24pm
Msg #62543

The only problem is that any SS that is low enough to ask you to back date will be in even lower in paying you for your time and effort. Just tell them to go pound salt!

Reply by Barry Silver on 8/29/05 11:35pm
Msg #62550

I detest that type of dishonesty. Would you please send the contact information to me at [e-mail address]? Thank you.

Reply by Renee_MI on 8/30/05 4:28am
Msg #62565

Simply say "No."

To accept the signing when requested to backdate, with the intention of simply dating correctly could also place yourself in a difficult situation - I would not personally recommend doing this.

1. Borrower has most likely been already coached to back-date, usually they're told it must be done this way or they'll "lose their rate lock" or their credit file will expire or some other very unfavorable outcome will rain down upon their shoulders - so borrower is highly motivated to accomodate the L/O and back-date. YOU show up and refuse - borrower is potentially going to be VERY upset with you. The risk potential is huge. Is this a situation you really want to be in?

2. It could be said that to accept the assignment as if agreeing, and then to refuse is, IMHO, dishonest. You have misrepresented your intentions, and are playing the "End Justifies The Means" game.

Just decline, educate by saying it is illegal, don't assume the little soul calling you DOES know that (what if he/she just began working there??), and move on, conscience and body parts intact.