Posted by djmobilenote on 10/28/08 10:19am
Msg #268423

Professional Settlements - back date docs

Got a call from Professional Settlements to back date docs from last night because they couldn't find a notary (in Raleigh NC for a late signing I got the call from last night as well but couldn't do it).... I declined said it was illegal... he said he'd check with the title company and get back to me. I'm sure he's trying to find someone else to do it... DON'T DO IT!!!

Reply by CopperheadVA on 10/28/08 11:02am
Msg #268427

I had one last night for a different company. Borrower was wishy-washy on signing docs - signed some but then finally decided not to sign. I make the appropriate calls and go on to my next appointment. TC calls and says that borrower has spoken to L/O and is now ready to sign. Problem is, neither myself or TC can get a hold of borrower to schedule my return that evening.

Apparently L/O ordered TC to "get this thing signed tonight; If not tonight then tomorrow and I will pay the notary extra for the backdate." I told TC that the "tomorrow" notary would not be me, as I am unwilling to commit a felony no matter how much the L/O is willing to pay me. Had the L/O gone over the terms of the loan with the borrower ahead of my arrival, it might not have been a no-sign. Never got a hold of the borrower and the docs did not get signed.

Reply by djmobilenote on 10/28/08 11:34am
Msg #268432

Good for you! I hope no other notary gives into back dating for the money, it's just not worth it! You could lose EVERYTHING !!

Reply by Maureen_nh on 10/28/08 12:27pm
Msg #268442

I just read something about a candidate for political office who backdated some docs for a family deal when he was 19 and brand new. It is coming back to bite him now.

Reply by Marian_in_CA on 10/28/08 12:38pm
Msg #268445

This is where I love the CA law...

If ever I'm asked, my response will be along the lines of, "While I appreciate your need to get these signed, backdating is illegal. In fact, let me do you a favor and tell you that by state law you are not even allowed to ask a notary to break the law without opening yourself up to possible criminal prosecution."

CA state law is... "Any person who solicits, coerces, or in any manner influences a notary public to perform an improper notarial act knowing that act to be an improper notarial act, including any act required of a notary public under Section 8206, shall be guilty of a misdemeanor."


One of the best ways to get out of a situation is, if possible, point to something tangible that takes the blame off of you and to some kind of "system" out of your control. It is especially useful when both parties are subject to to regulation under that system, such as a state law.

I know that it might cost work with some companies, but no amount of work is worth my integrity, much less being prosecuted for improper notarial acts. I also have no problem at all reporting them to the SOS if it is a constant problem. They only need to be told once that it is illegal.

Backdating seems harmless to those outside of the job, and they don't understand that it is outright fraud, and the whole point of our job to is prevent fraud. If a notary is willing to backdate...what else are they "willing" to do?

Reply by PA_Notary_II on 10/28/08 12:58pm
Msg #268451

Re: This is where I love the CA law...

Tell them to put it in writing so you can present it to the SOS for approval. Bet they change their mind pronto !