Posted by Calnotary on 3/4/08 12:21pm
Msg #238017

Backdate a document.

I was asked to backdate a document just because the title forgot to include it in the package.

Signing was fine and when title got the docs they said that they missed a very important document and they wanted me to go back and have it signed with the original date of the signing.(it was a notarized document)

Of course I refused! I think they found a notary that really backdates notarized documents because I never got another signing from this SS. I found this in the "wikipedia"

Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. Perjury is a crime because the witness has sworn to tell the truth and, for the credibility of the court, witness testimony must be relied on as being truthful. Perjury is considered a serious offense as it can be used to usurp the power of the courts, resulting in miscarriages of justice. In the United States, for example, the general perjury statute under Federal law provides for a prison sentence of up to five years, and is found at 18 U.S.C. § 1621. See also 28 U.S.C. § 1746.

Also this:

"declaration under penalty of perjury"

A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false -- that is, the lie is relevant and significant to the case.


Oh boy! The SS, Title, Escrow will not get in trouble but the notary will.

Reply by Kathy/ID on 3/4/08 1:02pm
Msg #238019

I have also been asked once to backdate and have refused as well. I will NOT do this.

Reply by Calnotary on 3/4/08 1:42pm
Msg #238026

Sorry Cari I can't disclose the SS name. n/m

Reply by Kathi Conahan-Baltzelle on 3/4/08 2:36pm
Msg #238033

Re: Sorry Cari I can't disclose the SS name.

I have a better one for you. Got a call for a closing from new company had not worked for before. Accepted assignment. Got ready to print e-docs and the first page of the instrucitons asked if I could backdate. Well that is just brillant because it was in writing asking me to do something illegal. Called company said no, they gave me a bunch of excuses and told me they would see if the docs could be redone. Never got a call back. Called them an hour later to check on status and remarkably the closing was going to be rescheduled. I never got a call back for the reschedule, which probably means they found a notary who was willing to backdate. Amazing.

Reply by Calnotary on 3/4/08 2:40pm
Msg #238037

Re: Sorry Cari I can't disclose the SS name.

In your case and in my case we could find out who was the notary who did the illegal notarization but I won't loose my time in going to the county recorder and follow up with my SOS.

Reply by Kathi Conahan-Baltzelle on 3/4/08 2:42pm
Msg #238038

Re: Sorry Cari I can't disclose the SS name.

It is just a shame that notaries will do this. It makes it hard for the ones who are on the up and up.

Reply by MikeC/NY on 3/4/08 4:39pm
Msg #238051

For the notary, the crime is more likely forgery

since the notary is not under oath

Reply by ReneeK_MI on 3/4/08 4:44pm
Msg #238056

with regard to loan docs, could be wire/mail fraud also n/m

Reply by JanetK_CA on 3/5/08 1:05am
Msg #238109

Not so in CA as of 1/1/08

In this state, as of the first of this year, EVERY ack now has to include a statement that "UNDER PENALTY OF PERJURY" [caps are included in the official example] the notary certifies that the info in the Certif of Ack that the notary is signing (which includes the date, of course) is true. Penalty is not only suspension of commission, but a fine of up to $10,000. And perjury is a felony. The person making the request could be guilty of a misdemeanor.

Reply by dickb/wi on 3/5/08 12:54pm
Msg #238163

in wi you are giving testament to the truth of all that is..

in the notary block and guilty of perjury if it is not true.........