Posted by MeMeinCA on 5/23/06 11:55pm
Msg #121868

future dating

I had a mortgage co. ask me to sign tonight and date all docs for tomorrow. I refused. They offered me $100 more to do it tonight. I again refused to change the dates on my notarized docs. What I don't understand is the benefit to them if I had done this. The RTC would have been dated tomorrow and it wouldn't have gone out to fed-ex until tomorrow anyway. I am stumped.

Reply by Ndwa on 5/24/06 12:46am
Msg #121875

Could have set the appointment at midnight...lol

Reply by Glenn Strickler on 5/24/06 4:03am
Msg #121882

What is the date on the documents? You are breaking the law if you don't use the date you performed the notary act, so doing it 30 seconds after midnight would have been a solution. Backdating and Futurdating are looked upon the same in terms of California Law and dating your notarization.

However, using the correct notary act date on a document dated a day later gets muddy. Several months ago, I got a lot of grief from a SS for doing exactly what you did. While I was visiting my attorney on another matter, I ran it by him and basically he said that legally, a document creation date is the date that the document is dated. Therefore, if you would have notarized a document dated on the 24th on the 23rd, you would be notarizing a document that legally did not exist yet. He went on to tell me about a few cases he had dismissed for wrong dates on the documents. So while technically, we would not be breaking any notary laws as long as we date it on the day we perform the notary act, the document would not hold up in litigation of any kind -- according to my attorney. However documents notarized after the creation date will hold up.

Reply by MeMeinCA on 5/24/06 8:44am
Msg #121906

I did not do the signing yesterday, I refused and we are doing it today. I just did not see how this would have benefited anyone as it still wouldn't have gone to fed ex until today anyway. So what is the point when all docs dated today?

Reply by Dee_Fla on 5/24/06 9:12am
Msg #121913

i actually had someone ask me what is the difference and how is anyone going to know if you back date or future date.

my response is.... you know the saying "so your sins will find you out...." and it will come back to bite you in the ass".... never take the chance...its to risky. Some how it is found out and things will get pretty sticky.

Reply by Gerry_VT on 5/24/06 10:58am
Msg #121960

future dating & death

Let me give what is beginning to be a stock reply about future dating OF THE JURAT OR ACKNOWLEDGEMENT CERTIFICATE. What if the signer dies between the time the signing really took place and the date the notary wrote on the jurat or acknowledgement certificate? I suspect someone in authority is apt to notice that a document was apparently signed by a ghost.

I am not expressing any opinion about what happens if the part of the document completed by the person drawing up the document or the signer is future-dated.

Reply by GF_CA on 5/24/06 9:40am
Msg #121927

Yeap! you are right! those doc is like they do not exist.

and because I have it in my hand ( like someone said) this doesn't mean that legally exist.
Mess # 121055

Reply by Anonymous on 5/28/06 4:48pm
Msg #122894

Have them put it in writing

Tell the loan officer to put the date the documents must be dated in your confirm instructions. Then you can send it to the Secretary of State when you report him.

If a couple of these guys get busted, word will spread throught the industry and the practice will stop!