Posted by CalGal on 12/3/08 11:38am
Msg #270991

back dating

I was asked by my signing service to re-sign a re-fi and date documents for the original date. It is my understanding borrower can date docs any date they want, but the actual notarization has to be for the date of identity. Correct?

Reply by Cris_AR on 12/3/08 11:41am
Msg #270992

Correct.

Reply by Pete/MD on 12/3/08 11:41am
Msg #270993

yes, don't backdate.

Reply by LisaWI on 12/3/08 11:46am
Msg #270995

I would be clarifying with hiring entitiy, that your notarizations will be for the date of the signing so that there is no misunderstanding of your position. Personally, I will not do a backdating by borrowers on a whole loan package. Broker disclosures and such I will allow, but not the whole package.

Reply by Marian_in_CA on 12/3/08 12:25pm
Msg #270999

Absolutely correct. The date you put in your journal and on the notarial cert is that date of notarization. If you backdate, or do not properly document, you're opening yourself up to some serious legal issues and your insurance probably won't cover it.

Since you're in California, you need to be extremely rigid on this because of all of the new fines and punishments we're open to. Also, be aware that in CA, it is a misdemeanor for someone to knowingly ask you to do something illegal. That's an extremely important (and little known) bit of notary law in CA that can be used as a great bargaining tool sometimes.

I would verify with the SS that you will not backdate the notarization and be sure to tell them that it is illegal to do so, and that simply asking any notary in California to do this is a crime unto itself and cite California Government Code Section 8225 as reference. That way, they've been notified and if they go and ask someone else to do it... they're the ones in trouble.

Reply by Calnotary on 12/3/08 1:45pm
Msg #271006

The SS's name maybe important or not, but I've been asked to backdate by a few good SS and titles with 4 and 5 stars in signing central. The key phrase here: THEY DON'T CARE! Because you are the only one that will end up in trouble! Of course I always refuse.

Reply by Teresa/FL on 12/3/08 1:51pm
Msg #271007

They know it is illegal, so they do not put it in writing n/m

Reply by PA_Notary_II on 12/3/08 2:09pm
Msg #271012

Re: back dating.....Play their game....

Tell them you're not sure if you're allowed to do that. Ask them to make their request in writing so you can pass it through the SOS for an approval. Bet they change their tune.

Reply by docs1954CA on 12/3/08 12:28pm
Msg #271000

Please post the name of this SS n/m