Posted by davidK/CA on 2/24/07 12:22am
Msg #176961

Backdating request

Tonight I was asked to backdate a loan signing. It was a straight out request to backdate, no being cute or beating around the bush. Of course I said "ABSOLUTELY NOT!" I'm not a lawyer but I believe soliciting a person to perform an illegal act is a crime that should not go unpunished.

I have the company's phone number recorded on my cellphone and my Vonage phone log. I have Googled their number so I know positively what company called me. I have never worked for this company and never will, but I sure wish there was some way to put this company out of business.

Unfortunately, it would be my word against theirs, so contacting the SOS would be a waste of time. The same goes for the California Department of Corporations.

Does anyone have any suggestions?

Reply by Rebecca Fair on 2/24/07 12:39am
Msg #176963

Good luck with that.

Unfortunately, title companies do this everyday and they will continue with the mindset that it's okay, until someone brings it to their attention.

I worked for a attorney that tried to tell me it was okay to backdate..............yeah, right.

Reply by BarbaraL_CA on 2/24/07 12:47am
Msg #176964

I had a call today that I did not answer because I was at a memorial service and had the phone on silent. When I listened to the message he was asking if I was available tomorrow afternoon for a loan signing, but the docs had to be dated today. Now, I don't give a hoot what the date on the docs are, but my notary certificates will be dated the day I perform the notarization... may not be a problem with acknowledgements because the signer just has to acknowledge to me that they signed the document. However, a jurat is different animal and they have to swear under oath and sign in front of me on the day I am there to notarize their documents. Unfortunately, he'll probably find a notary that will do this!

Reply by jojo_MN on 2/24/07 10:24am
Msg #177010

Next time have it stated in the confirmation as a reminder

Then you will have your proof. They will most likely just find someone else. Thank you for staying honest. There are too many that will backdate.

Reply by JanetK_CA on 2/25/07 2:42am
Msg #177096

Well, you could go back to your CA notary Handbook and flag the page (section 8225.) where it says that it is against the law to knowingly ask someone to perform an improper notarial act, which includes backdating. If you can find a fax number for them, you could make a copy and send it to them with a little note specifying why you are sending it. ;>

When asked to back date, that's what I tell them, then I add that now that they know, the next time they do it, they will be guilty of a misdemeanor [in CA] and potentially subject to punishment. [I imagine it would be some kind of fine, but our handbook doesn't specify. Probably more effective to leave it to their imagination...] I don't know if it will make any difference (probably not...), but hopefully they will at least feel a little guilty about doing it!