Posted by jojo_MN on 4/1/06 9:11pm
Msg #110341

IT IS ILLEGAL TO BACKDATE!!!

Yes, I did mean to yell it. I can't believe how many title companies and lenders are asking us to do this. I had three this week. The last one being this morning. I won't name them because I get most of my business from them. All three of them said "if you don't, I will get someone else to." The first two did. My reply was that I won't do it because it is illegal. One the the SS told me that it's only illegal if the lender, title company and borrower don't all agree to it. How rediculous.

I once again said that a notary is notarizing a document saying that Borrower Whoever signed in front of me on X/X/XXX. That is outright lying if you are backdating. Our commissions are put on the line.

Today I said I will sign the documents with today's date. He reluctantly said I should do whatever I feel most comfortable doing, but that most of his other notaries do it all the time. SHAME ON THEM!!

Anyway, thanks all for letting me vent.

Reply by whitesatin on 4/1/06 9:53pm
Msg #110349

You did exactly the right thing. It is illegal to backdate no matter what the circumstance. Not only could you get in trouble and lose your commission, plus criminal penalties, but the borrower's could also have legal ramifications. Protect yourself and protect your client. That is the best policy.

Reply by Glenn Strickler on 4/1/06 11:23pm
Msg #110352

Well, I think if he had known someone else that would backdate in your area, then he would have had them do the signing .... They know better.

Reply by Joan Bergstrom on 4/2/06 12:23am
Msg #110357

In Calif its forgery and thats a felony

New law: 2006 Calif makes a notary public guility of Forgery if he/she issues an Acknowledgment knowning it to be false. You can get 1 year in either a state prision/and or county jail!!

When people want to get out of a contract etc one of the first things they look at is the notary work. Remember when you back date; you are not the only person who knows you backdated a notarized document.

Reply by Tess/ME on 4/2/06 8:57am
Msg #110378

Someone should inform SS & Title Companies too

because, about 5 months ago I had a SS call me (that I hadn't worked for before) and ask me to sign up with them and also, did I backdate? They wanted to be sure and have it noted in the file if I did since some of their "clients" ask this of a notary once in a while. Needless to say, I did not sign up with them and answered that I did NOT back date and it was illegal. More recently, I had a TC call and ask if I would back date and I said "no, I don't AND it is illegal." He said "yes, I know, but this is an exception".

Reply by John_NorCal on 4/2/06 10:15am
Msg #110387

Re: Someone should inform SS & Title Companies too

>> I had a TC call and ask if I would back date and I said "no, I don't AND it is illegal." He said "yes, I know, but this is an exception".<<

He said this is an exception! Is choking the daylights out of an idiot an exception to murder?

Reply by Tess/ME on 4/2/06 3:39pm
Msg #110420

Re: Someone should inform SS & Title Companies too

It just might be if it is a notary who is doing the "choking" to a LO or someone from the TC after the notary is asked to back date.

Reply by Stamper_WI on 4/2/06 3:39pm
Msg #110419

JoJo

Is there a way to find out who the borrowers were and followup and see who notarized these loans? I hope it wasn't the company I think it was...

Reply by Restless on 4/3/06 3:16am
Msg #110493

Good for you for standing your ground. It's not worth it.

Reply by NotaryB_az on 4/3/06 10:55am
Msg #110554

The companies that ask us to backdate are a joke! They think it is okay because "so and so" said it was. Here is what they don't think about: Obviously, it is illegal to notarize ANYTHING with the wrong date(that is a given). Now what happens if you backdate (obviously the borrowers know what is going on) and after the right to cancel ends and the loan disburses, the borrowers are unhappy with something! They can clearly state that the docs aren't valid because of the backdating! A lawsuit can follow and ultimately, who gets held accountable? Why the notary of course! Not to say TC or lender won't face legal issues, but that is not the point. Ultimately, the notary will be the one to lose - your commission, your business and your self respect!!! The humiliation on top of any fines and possible jail time is just not worth it - no matter what they offer. I was once offered $300 to backdate a loan! Nice money, but not worth the risk of the above scenario. If they say they will get someone else, than tell them to go for it! I always tell them their fee is not worth me losing my livelyhood.

PS: I don't know if this situation has ever happened or could happen, but anything is possible!