Posted by Anonymous on 9/15/05 6:43pm
Msg #65503

JURAT AND ACKNOWLEDGEMENT

Hi from Florida. I have a problem hopefully you can help. Last week I did a closing, unfortunately made a mistake. The notary seal was not legible. The SA called and wanted me to send an individual acknowledgement, and date it when original took place. I wanted to go to the borrower and have them sign and I would date it todays date. Any suggestions as to what I should do?

Reply by Becca_FL on 9/15/05 6:55pm
Msg #65505

Read the "Florida Govenor's Reference Manual For Notaries."

Reply by Esmeralda Jimenez on 9/15/05 7:07pm
Msg #65511

I did, and it states that I should treat the transaction as a new notarization. I went to the signer and had them resign (at my expense, of course), and I dated it todays date, and a disclosure that stated that "due to an error in the original certificate, the document has been renotarized". The Title/Escrow Co. is not accepting, and wants me to backdate a general acknowledgement, saying that the borrower will not get their $$$ because the acknowledgement has a different date as the rest of the docs.

Reply by Barry Silver on 9/15/05 7:17pm
Msg #65514

Regardless of the stories and lines they give you, backdating is illegal. That is the bottom line. Let them know that if they ask you to backdate again, or if you learn that they found someone to backdate, everyone will be reported to the appropriate government agency, which means a bunch of people are going to be out of work and facing criminal charges.

Hopefully, this will end their conversation.

Reply by Barry Silver on 9/15/05 7:04pm
Msg #65508

Absolutely not. Never, under any circumstances do you send this. They can send a mortgage to you, and you can date it as of the date of the correction, but never backdate, and never send out a loose certificate unattached to a document and backdated.

Reply by Anonymous on 9/15/05 7:07pm
Msg #65512

that's what i thought

Reply by Anonymous on 9/15/05 9:11pm
Msg #65575

So what would you have done in this scenario?

Reply by Anonymous on 9/15/05 9:25pm
Msg #65579

yeah. Isnt the notary fixing the problem they created?

Reply by Anonymous on 9/15/05 9:29pm
Msg #65580

and what should they do to fix this?

Reply by PAW_Fl on 9/15/05 9:57pm
Msg #65592

As directed, a notary cannot "fix" a certificate. Ref pg. 29, Florida Governor's Reference Manual for Notaries.

Specifically:

"When necessary to correct information already printed in the notarial certificate, i.e., the date, the name of the person whose signature is being notarized, do not use correction fluid. Simply mark through the incorrect information and make the change before you complete the notarization. You should probably initial that change, also.

"Once you “complete” the notarization and return it to the document signer, you may not amend your certificate. For instance, if you forgot to state the type of identification or affix your seal and the document is returned to you on a later date by the receiving party, you may not correct your error. The document will require re-notarization, including the presence of the document signer."

Reply by Barry Silver on 9/15/05 10:12pm
Msg #65598

I would have done exactly what I wrote. I would have told them the only thing they can do is to send a new copy of the mortgage and I will return to the borrowers at no charge (it is the notary's error) and I will have it signed the date that we actually sign and I notarize it. The bottom line is that I will not backdate, even if I am the one who created the problem. Making an error is an honest mistake. Backdating is illegal and nothing honest about it.

If they were to persue this legally, then you should now understand the reason for carrying E&O Insurance.

Reply by Anonymous on 9/16/05 11:41am
Msg #65678

I want to thank you all for your advise. I had done exactly as Barry suggested, and even called the Governor's Notary Section (they haven't returned my call). The bottom line is that I have read and have re-read FL law, and did go back to the burrowers house, I had them sign the docs again, with the current date and sent them to the company, but they are still pressuring me to send a certificate for acknowledgement - backdated. At this point I don't care about my fee, I have waived it (by the way this is the 2nd time these buyers have signed, they recinded the first time (I also notarized that).

Reply by Gabby on 9/15/05 8:38pm
Msg #65548

Re: A Poll on backdating.

I just saw a poll on another site that was asking how may people had been asked to backdate. According to stats on that poll 100% of the people had been asked to backdate at least a few times. I am just considering starting in this business. I signed up on the Integrity Notary board and this one to get more info. Since both were free to sign up I didn't think I had anything to lose. I sure am learning a lot from these forums. Thanks everyone.

Reply by Anonymous on 9/15/05 9:13pm
Msg #65576

Re: A Poll on backdating.

There's a lot of pressure from these companies to backdate.

Reply by Barry Silver on 9/15/05 10:17pm
Msg #65600

Re: A Poll on backdating.

Only if you allow them to pressure you. My answer is always no. If the NSA's started reporting them as routinely as the companiies ask them to backdate, I believe the companies would see, at the very least, tremendous fines, perhaps enough to make the insurance premiums unreasonable, and possibly, criminal charges for potential illegal activities. In that event, the pressure is on them to do their jobs correctly.

Do not risk your freedom for the sake of an illegal act. It is not worth it!!!

Reply by mimurrayFl on 9/16/05 2:58am
Msg #65628

Re: A Poll on backdating.

Barry, I certainly agree with you and after reading all these posts about back dating it makes me wonder how often notaries are doing it. Obviously there are some that are or these companies would not be asking. If every notary said no as they should the question would never even get asked.

It seems like this is akin to the phrase "dirty little secret". It's going on and I think there are a lot of notaries out there that are just crossing their fingers.

Mike