Posted by Dawn/CA on 11/29/05 12:21am
Msg #78977

Back-dating documents

I'm a new notary and the last few signings that I have had with a signing company ask to have faxed documents back-dated by the borrower. I was told by the signing company that this isn't a problem for me because I am not notarizing anything that is back-dated. Is this right? Thanks for your help!

Reply by ReneeK_MI on 11/29/05 3:36am
Msg #78978

It's fairly common for the broker to request the borrower to provide original signatures on their initial 1003, GFE, and assorted disclosures. These documents would have been (assumably) sent to the borrower upon application for the loan, and may not have been signed, dated and returned by the borrower to the broker. In a sense, it's a game of 'catch up', and borrowers are then asked to date them back to the initial time of application (by the broker). You were correctly advised that since none of these docs are notarized, they don't involve you.

I'm guessing this is what you're referring to in this situation? Good for you in being cautious! The term "Back-dating" as it applies to illegal acts of a notary refers to dating the entire loan package, INCLUDING notarizations, as if it were all signed on a previous date. In other words, sitting down with borrowers and signing on Thursday, and 'pretending' it's still Monday and dating everything for Monday, including the notarizations.

Hope this clears it up for you =)

Reply by Dawn/CA on 11/29/05 9:15am
Msg #78992

Thanks for your help! N/M

Reply by Russell Haynes on 11/29/05 1:14pm
Msg #79033

Actually, these documents are generally the Good Faith Estimates that should have been sent to the borrower by the lender just after receipt of the application . The borrower is suppost to sign and return the documents. A lot of lenders don't comply with the law, but instead expect the notary to obtain the doc's, back dated, to be returned to complete the lender's file. Some day, the regulators will catch on to this practice and someone will get flamed.

There is a similar problem with no legal description in the Deed of Trust at the time of the signing. The Sec't of State of California has determined that the document is incomplete without the legal description, and to add the legal description after it has been notarized is to alter the document. Documents that are altered after notarization could be voided. Thank about that one. Who gets flamed on that one?
Good luck.

Reply by BrendaTx on 11/29/05 4:42pm
Msg #79071


Russell said *Thank about that one. *

Russell must be an East Texas boy. In East Texas there is no "think." People thank about things there. Just like they get a "drank of water."

On a more serious note, the GFE docs are often done the same way in title company closings, are they not?