Posted by Anonymous on 7/22/05 11:08pm
Msg #54044

Back Dating

I was contacted on July 21, 2005 to do a closing at 3:00 pm. I waited on docs but they never were submitted, so I contacted SS to see what was the hold up on docs. They replied that the TC would not be able to have docs ready for closing. They said the would contact me to when docs were ready and to reschedule appointment. Today they called, they sent confirmation and submitted docs and the appointment is scheduled for tomorrow July 23, but one problem, the docs are dated for July 22.

The SS knows that docs are for the 22nd and asked if I would back date them. They said, they did not know why the TC did not schedule for today. What should I do?

Reply by Melody on 7/22/05 11:24pm
Msg #54047

Back out of the signing

All you can legally do is date your notarizations and the RTC for the 23rd.

They are going to give you grief about it.

Back out of the signing.

Doing it correctly and then getting verbally beat up is not worth the small SS fee that you will -maybe- get in a month or two or three.

Reply by Bonnie/FL on 7/22/05 11:32pm
Msg #54048

I would never backdate docs. If you notarize something on the 23rd, that is the date you put in the date section. YOu were not there to notarize the docs on the 22nd. You would not be telling the truth if you notarized the docs on the 23rd, yet said you notarized them on the 22nd. Don't know what state you are in, but I am sure that is illegal in all states.

Does it really matter that the docs are dated the 22nd and signed the next day pn the 23rd? The TC screwed up on this one but you are the one who will jeopardize your license if you date that you are witnessing the docs a day earlier. Won't the lender just agree to change the dates on the Right to Cancel.

Personally, I would not do any backdating for anyone. THe borrowers could have been out robbing a bank on the 22nd and now they have you as their excuse for not comitting the crime since according to your docs, you were with them on the 22nd, which you were not (you were with them on the 23rd). Just an exhageration, but trying to make a point. I was asked something similar a few weeks ago and with every no I said to the SS, they kept adding more money to my fee. I stood my ground. I do not want to lose my license!

Reply by Anon on 7/23/05 12:48am
Msg #54055

Thanks for the input.

Reply by CaliNotary on 7/23/05 2:16am
Msg #54067

As a notary you should already know the answer to this without having to ask. You really need to learn your notary law and shouldn't be doing signings until you're more knowledgeable.

Reply by Reggie on 7/23/05 4:57am
Msg #54079

No matter where you are backdating is never allowed. DO NOT DO IT. No matter what they pay you could and probably will lose your commission.

Reginald
Kansas