Posted by SLP_VA on 11/17/05 10:55am
Msg #77177

Errrggggg!!! More Backdating Madness!

OK..I am hopping mad right now. I just need to vent!

Received a call to complete a closing at 9am this morning. Final docs arrived yesterday. Because I was out on closings all day yesterday, I did not have a chance to review my email until last night. Printed docs, noticed all docs were dated 11/16/05. I immediately sent TC email advising that I would be having docs dated for today's date and notarizing as same. Asked them to confirm that this was ok. Of course they probably didn't get my email until this morning, so at 8:45 when I still had not heard back, I proceeded to borrowers home to have them sign (I was only 10 minutes away from borrower). The closing was completed, all dates correctly filled in with todays date. I get back home by 10am, and I see email from TC. It stated that lender wanted documents backdated and if I had a problem with it, I should have let them no sooner. HELLOOOO...I didn't get all the documents until yesterday when I was out on closings. As soon as I printed and reviewed is when I saw the dates. I replied to TC same and went on to advise that because it is illegal to backdate and I coulds lose my notary commision for doing it, I didn't think the correct date would matter to them (being that it's illegal and all to do so). TC responded that this was an awkward situation for everyone at this point and if they were aware that I had an issue with the date, they would have pursued another course. Let me guess?? They would have probably gotten another notary to perform the illegal act. I advised her that in reality, no good notary should agree to backdate documents and that I am appalled that they would even put me in that situation. I further advised TC that had the backdate issue been mentioned in the initial call to me, I would in no way have accepted the signing. TC asked me to forward package back to them without putting my notarizations on docs. Advised her sorry, already done. I sign and stamp in the presence of the borrower. I'm not sure what they are going to do now. I feel bad for the borrower because she may have to do this again with a notary who is willing to backdate. And the sad thing about it is, the borrower said she told LO that she was available to close on 11/16/05 (the day the documents were dated!). I could have fitted borrower in since she was only 10 minutes away!

Thanks for letting me vent all. I feel better now! I'm just wondering if I'm going to get paid now. Waiting on response from TC regarding that.

Reply by Charm_AL on 11/17/05 11:05am
Msg #77181

Hey you vetter get paid! Keep the notation with the request to backdate and send a copy of it with your invoice, they'll want to finish up with you asap.

Reply by SLP_VA on 11/17/05 11:08am
Msg #77184

You're Right Charm..

Hey Charm.. I just received a response from TC. YES, I will still get paid. TC stated they don't work like that. Said as soon as they receive the docs back, they will forward my check.

And I did keep all my emails from them regarding the back date requests! You better believe it!

Thanks.

Reply by CaliNotary on 11/17/05 11:33am
Msg #77193

Re: You're Right Charm..

Whether you get paid or not, you should still report them to your SOS. They obviously know what they're doing is wrong and don't care; maybe hearing it from the proper authorities will open their eyes.

But I'd wait until I had the check in my hands before sending the report.

Reply by Glenn Strickler on 11/17/05 11:45am
Msg #77197

Re: You're Right Charm..

Actually, give the check time to clear the bank.

Reply by SarahBeth_CA on 11/17/05 11:56am
Msg #77202

Re: You're Right Charm..

Maybe I'm just reading this wrong. Are you saying that you changed all the preprinted dates on the docs to the date of the signing?

Did they request the borrowers sign and date with the date that was also the preprinted date and that you date your notorizations with the same date as the preprinted date?

Can you clarify what thier request was please?

Reply by SLP_VA on 11/17/05 1:00pm
Msg #77217

Re: You're Right Charm..



I had the borrower sign her name and place the date beside her name with today's date. On the docs that had a pre-printed date beside the signature line, I had borrower change to today's date and initial. They requested borrower sign and date with yesterday's date and I notarize using yesterday's date.

If you think I mean I changed the prepared date or the date of the docs, then no. Only the dates that effected borrower's signature and notarial signature.

Reply by SarahBeth_CA on 11/18/05 11:25am
Msg #77410

Re: You're Right Charm..

Ok, I was confused. Thanks for clarifying. You know either they have alot of nerve or are stupid as all heck to request you to backdate. I think I would call the SOS.

Reply by Tina_MA on 11/18/05 11:21am
Msg #77407

>>>.....docs were dated 11/16/05. I immediately sent TC email.....<<<

When I receive docs, I am never concerned with the date on them unless docs are postdated.

If docs are postdated, I will bring that to the TC/lender's attention as it is probably an error.

If docs are predated, I just have borrowers date next to their name on every line, that way it shows what date they actually signed.

Reply by SLP_VA on 11/18/05 2:39pm
Msg #77493

Yes Tina...

But this title company actually wanted me to backdate to the 16th. It was requested in email with the docs.

Reply by Tina_MA on 11/18/05 9:54pm
Msg #77578

Re: Yes Tina...

>>>title company actually wanted me to backdate to the 16th. It was requested in email with the docs. <<<

In that case, I would forward that email to your SOS and Attorney General's office, as well as RESPA. Too many borrowers are screwed because certain lenders/TC's continue to conduct business in an unethical and illegal manner.