Posted by td on 3/4/05 1:13pm
Msg #23635

I NEED HELP QUICK!

I was asked to do a signing this evening in Modesto, CA - the borrower wants to back date the docs to yesterday (3/3/05) and wants me to notarize them for that date also. I need advise as to if I should and can do this! Thanks!

Reply by linda on 3/4/05 1:20pm
Msg #23636

No way.......................what would you be "swearing" to??????? that you falsified a document!

Reply by Traci/ MD on 3/4/05 1:20pm
Msg #23637

NO!!!!No!!!!

Reply by Claudia NJ on 3/4/05 1:21pm
Msg #23638

NO - Legally you cannot. It's up to you and there are notaries out there that will do it - i personally will not. As a notary you are certifying that the signing took place on X date at Y location, etc. If you are changing the dates then what else?!?

Reply by Roger/OH on 3/4/05 1:24pm
Msg #23640

Absolutely illegal and I'm surprised that you would even ask such a question that any notary should know as a cardinal rule. There is no signing worth the loss of your commission or the other legal ramifications from an action such as this. Tell the borrower you cannot do it and WHY.

Reply by Oldbie_CA on 3/4/05 1:21pm
Msg #23639

It is against the law.

Reply by td on 3/4/05 1:35pm
Msg #23644

Thanks for the quick response. Apparently, this lender says he has used notaries in the past that will do it but I refused. It wasn't worth the $120.00 especially if I could be liable.

Reply by Alabama on 3/4/05 1:48pm
Msg #23648

Who's the lender or SS. We need to know, so we can BEWARE.

Reply by td on 3/4/05 3:23pm
Msg #23670

It was All American Mortgage and he told me that he actually had notaries that would do it! I suggested that he call them.

Reply by CaliNotary on 3/4/05 2:01pm
Msg #23649

Why didn't you already know the answer to this?

Reply by Alabama on 3/4/05 2:16pm
Msg #23652

Re: AMERIQUEST??? Just Asking!

Reply by SL on 3/4/05 3:02pm
Msg #23662

NO WAY !!! There is a time when I have let them date a document an earlier date, but NEVER something that I am notarizing.. That is a BIG No No !!

Reply by tina ca on 3/4/05 3:06pm
Msg #23664

Can you do that? I thought back date period was a big no no. Whether you notorize or not.

Reply by Jon on 3/4/05 3:14pm
Msg #23666

Backdating, as it applies to the notary, is the date on the notarial certificate. The signer can date the doc whatever date they want. The exception would be a jurat, which needs to be signed in the presence of the notary.

In Ca, the document date is irrelevent, as it is a part of the content of the document and outside the notary realm of responsibility.

Reply by Dogmonger, Ca on 3/4/05 4:54pm
Msg #23679

You should only do this IF

1. You have a strong desire to quickly end your notary career
2. If you can afford the civil liability, your E&O won't be worth a plug nickel
3. If you can afford to do the time, there are criminal penalties for knowingly, sp, using incorrect dates


PS... And I mean this in the nicest way, if you don't know the basic laws governing notaries in this state, you need to study your California notary Handbook and forget about loan signings for a while.

Reply by Charm_AL on 3/5/05 9:24am
Msg #23758

Re: You should only do this IF

ROFL! just when ya thunk ya saw everything!!
Can't even believe this was asked ;)