Posted by sam_NJ on 1/26/05 7:34am
Msg #18162

replacing damaged doc

Had an affidavit sent back by the title company. apparently someone had dropped a PB&J sandwich on it. Totally messed up.
Wanted a new copy signed by borrower( they were paying for the trip) with the same date as the original.
Is it legal to replace this damaged affidavit with a new one with the same date?

Reply by Anonymous on 1/26/05 7:50am
Msg #18165

I have the same question. Apparently UPS lost several packages that contained the deed of trust. I performed the original closing which means I witnessed the signing. Is it considered backdating?

Reply by Lee/AR on 1/26/05 8:37am
Msg #18173

Yep, backdating. Doc can be dated however, but YOUR notarization date is the day you are doing it. Period. They know better, but it's not their neck on the block-it's yours.

Reply by PAW Notary Services on 1/26/05 9:44am
Msg #18186

It is a "new" document with a "new" signature and notarial certificate. Thefore, according to the NJ Handbook, you would need to date it for the day you complete the certificate and make your journal entry.

Excerpt from the NJ Notary Public Manual: (http://www.state.nj.us/treasury/revenue/dcr/geninfo/notarymanual.htm#Acknowledgments)

PROHIBITIONS AND LIABILITY

WHAT IS A NOTARY PROHIBITED FROM DOING?

* Never pre-date an action. The Notary may never date an action (acknowledgement, jurat, etc.,) prior to the execution (signature) date appearing on the document involved.