Posted by AH_KY on 5/5/05 10:07am
Msg #35959

changing date and fees

I was scheduled this morning for the resign on those documents, only they didn't get emailed to me until this morning [was supposed to have gotten them last night]. So, we've had to reschedule for tomorrow. The lady I'm working with asked me if I would date the documents for today, even though we are signing tomorrow. I told her I didn't feel comfortable doing that, so now I have to cross through and redate all the documents I've printed. Is this normal practice? I'm new and can't imagine writing an incorrect date on anything I notarize. Also, my fee for doing this is $140 and the job is approx 1 hr 15 mins to 1 hr 30 mins away. Is that a fair price and should I have charged additional for having to print the docs myself, or is that a decent price for the drive and printing.

Reply by kim on 5/5/05 10:20am
Msg #35960

unfortunately being asked to back date seems to regular practice from the lenders and title companies. You are correct in refusing to back date though. I don't know what the competition is in your area, nor do I know the milage (in NJ during rush our it can take over an hour to go 30 miles - actually it takes us 30 - 45 minutes just to go across town sometimes around here), so its hard to comment on the fee. I think thought the fee you charged is probably fair - maybe on the low side of fair, but fair none the less.

Reply by Ernest_CT on 5/5/05 10:34am
Msg #35964

Never backdate or postdate. Period. n/m

Reply by Lori/CA on 5/5/05 10:34am
Msg #35965

AH,

CaliNotary posted this: (Thanks!)

CA Gov Code Sec 8225 states:

"Improper notarial acts, solicitation, coecion or influence of performance: misdemeanor

Any person who solicits, coerces, or in any manner influences a notary public to perform an improper notarial acct knowing such act to be an improper notarial act shall be guilty of a misdemeanor."

Remember this is CA state law. You would have to look up your own states laws. Thanks to CaliNotary, I keep this in my office so when the need presents its self I am ready.

As far as fee, I would personally never drive that far for a SS as cancellations and no signs. Too risky. I do drive the distance for my Title Co's and make $150 - $175 for the drive and $50 for edocs. If I have to re-sign they are charged the same except I may do edocs for $25.

Great for you for realizing they wanted you to do a BIG no no!

Lori/CA

Reply by SamIam_CA on 5/5/05 10:34am
Msg #35966

Re: changing date and fees - not uncomfortable, but wrong!

I don't know the law in KY, but in CA it is ILLEGAL for you to date the notarial certificates for any date other than the actual date you are doing the signing. I bet if you check your handbook you will find it is the same for you.

I also don't know the going rates in KY, but if I were doing e-docs and the round trip drive time was 3 hours, I would charge about $175-$200. Always charge more for e-docs than you would if they had delivered the docs to you.

Reply by Rehashi CA on 5/5/05 10:50am
Msg #35977

Not wrong

Dates on docs can be changed to whatever date the parties agree (can be an "as of" date that is not te same date as signing). Acknowledgement or jurat date does need to be date of actual signing , but effective date of docs can be different. This is why Chimps can replace many of you.

Reply by Lori/CA on 5/5/05 1:45pm
Msg #36034

Re: Not wrong

Rehashi,

"The lady I'm working with asked me if I would date the documents for today," this is from the original post.

Well either I misunderstood her or you do not have a clue as to what you stated. The original poster did not state the date the docs were printed needed to be changed. The Company requested the execution of the docs be dated the day prior. Well lets see asking a notary to date the acknowledgment or jurat for the day prior.... that is illegal as well of the act of asking. See my previous post on California law.

The comment of the chimps... maybe you should have had more clarification before you posted such an unprofessional and incorrect comments.

Reply by Stephen_VA on 5/5/05 2:59pm
Msg #36056

Re: Not wrong

Don't mind Nerfred. When his mouthguard falls out the incessant drooling frustrates him and makes him type mean things.

Reply by CA ESCROW on 5/5/05 5:49pm
Msg #36112

Re: Not wrong

Lori,

Actually you are right. I have worked in Escrow for 4 years before becoming a notary.
The Lender who sends the documents can be reached by the Title Company, to change
the (printed) date on the Original Documents. That shows when the documents were printed, not the
signing date. Then doc's can be posted for you to print.

Have a Great Day!!

Reply by ERNA_CA on 5/5/05 10:56am
Msg #35983

Docs are often dated by a previous date, the only date you have to worry about is on your notarial pages and on the RTC.