Posted by Anne/IL on 11/25/05 11:52am
Msg #78627

I was asked to backdate.....

And I'm pretty mad about it!

Got a call on Monday from TC out west about a "possible" signing for today. The guy claimed that he could only find me available to work on Friday and that he wanted to "reserve" my time either very early or very late on Friday. Ok fine - we agreed on a price.

He called me back on Wednesday PM to confirm that the signing would take place, I called BO and set-up a meeting time and place with her, she lives 10 minutes away but would be at her daughter's house 1 hour away for the signing. A little out of my way but hey I don't mind to be helpful...TC guy told me that the docs would be ready either late on Wednesday or early on Friday. Well still no docs today at 10am.

TC guy calls me soon after that to inform me that he lender didn't get the docs ready in time and that the signing would be postponed for Monday. I said ok but I won't be available until after 8pm on Monday.

THEN, he tells me that the lender really want this loan to fund in November and that in order to fund the signing would have to take place on Friday and that he really aprpeciates my flexibility. I saw him coming BIG TIME. He then tells me about the fact that he doesn't have an assigned notary in Illinois and that he could refer me to over 400 loan officers and I could get a lot of work from him blah blah blah. He also offered to UP my fee for that signing by a large amount. All this if I would backdate... I was thinking "H*** NO!" but I was more professional, I told him that it was illegal to backdate and that I could loose my commission and it wasn't worth it. Also, that my work ethics prevented me from doing such thing which is ILLEGAL!

SO he thanked me and told me that he will be in touch for Monday. IF he calls back, which I seriously doubt he will do, I will turn him down. No way that I'm doing any work for a company like this. He also asked to call the borrower to let her know about the cancel. Should I tell her that they ask me to perfom some illegal work and to be on the lookout? Should I report him?

Unbelievable!

Reply by srnotary_CA on 11/25/05 12:11pm
Msg #78630

That is so messed up. Offering you more money to backdate. I am glad you stood up for yourself I would not have done it either. As far as reporting him I am not sure what you should do. May be report him to your SOS? I am not sure if you can give that info to the borrower because it would put the loan at risk and we as notaries are not aloud to give advise or say anything about the lo/tc. If I am wrong about that please let me know.

Reply by Rick_NY on 11/25/05 12:11pm
Msg #78631

Re: I was asked to backdate ...

> He also asked to call the borrower to let her know about the cancel. Should I tell her that
> they ask me to perfom some illegal work and to be on the lookout? Should I report him?

Just call the borrower and tell her about the cancellation. If you share other information with the borrwer you are just opening yourself up to more trouble.

If you want to file a report to legal authorities for investigation, that's your business and a different story.

Since you are asking for opinions, that is mine.

Reply by SSEmobile on 11/25/05 12:48pm
Msg #78638

"Gee, all that IF I can backdate something for you, huh?

Uh ....... Sir ...... I have to ask you, did you miss the part at the beginning of the phone call where it said "your conversation may be recorded to assure the quality of your service and aid in the training of our agents" ........ or didn't you???? "

Reply by CalGal on 11/25/05 5:24pm
Msg #78660

I certainly hope he didn't find a notary that WOULD back date!

Reply by TCMN on 11/25/05 7:15pm
Msg #78666

I got this one...


Lender was supposed to send docs overnight with SAT delivery since the signing was Sat at NOON. Docs didn't come and I called the title company told them and no one had a tracking number TO me so I starting calling USP to find out where it was. Lender put overnigth, next business day. (Scheduled for Monday 10:30am)
Well, this lender doesn't like changes to their docs, so I tell title company it's scheduled for Monday and IF the dates say Monday I'll get it done and everything is great (oh, by the way...borrowers spouse will be gone Monday sometime and not returning for more than 8 weeks - has to be done ASAP)
Well, I had called borrower and told her that it wasn't happening today but what the plan was. She called her loan officer and then called me at 9:30pm that night (now 10 hrs from our last conversation) And tells me that she talked to her LO and he said that they would have Sat date and we will just have to sign with that date not Mondays. I tell her unfortunately I can't do. She says why not, he said to do it.?! I said well, I can't because it's illegal and that I have been instructed to see what the date is on the docs when they are delivered on Monday and we will work out whatever it is from there.

(I did call the title company and explain what was said to me and they dais absolutely notm we would never ask you to do that. I said I didn't think so, but I wanted you to be aware.)

Well, Monday comes and borrower calls me at 8:45am asking if does are there and what the date is. I tell her that they aren't here and that they usually come by Noon and I said that I would call when I had them and knew what was going to happen since I didn't know the date and the lender doesn't like their docs changed. She says but we are just putting Sat's date on them. I said No, we aren't and we can't. She says why not? (Did anyone else miss what I said to her the first time she said her LO said to do that??????) I explained that that's illegal and my instructions are coming from the title company who gets them from her lender, which is in essence her LO's boss. She says, Oh, okay. But I tell her again that I will call her when I know something.


So my point is, you'll get asked from the signing companies that have no ethics, the loan officers without ethics and the title companies with no ethics. And if that doesn't work, they try to have their borrowers ask to because they are ignorant to the process.
Seems to me that the only intelligent ones in the mix are the notaries saying NO!...........and why exactly are WE the ones who have to do the most negotiating of fees? Makes me just hang my head and disbelief.



( OH.....loan closed with dates changed on docs that were delivered that morning )