Posted by TanyaLA on 10/3/08 3:09pm
Msg #266256

funny business

Need some feedback. I did a closing in May. Got a call from the title company and they stated I had to go back a get a document signed by the borrower. I did that and overnighted it back to them. Called them a couple of days later. They said everything was fine. I got paid and never heard from them again. Today I get a call from another title company stating the loan had been sold and that I did not notarize the mortgage. She wanted me to backdate the document. Of course, I said I would not do that and then she said she would get back with me. Does this sound fishy to anyone else?

Reply by Stamper_WI on 10/3/08 3:12pm
Msg #266257

Yes

If they pursue it, ask them to send (email or fax) the original. See if it's so. Also look at the new mortgage to see if the leinholder is different.

Reply by Alice/MD on 10/3/08 3:23pm
Msg #266260

Re: Yes

I have never heard of such a snow job.

Reply by CopperheadVA on 10/3/08 3:24pm
Msg #266261

If you had neglected to notarize the mortgage, believe me you would have heard about it the day they received the package back.

It sounds to me like the mortgage was lost or never recorded for whatever reason, and they are trying to get you to fix THEIR problem for them for free, and also restore the document to the original date for them, which of course is illegal.

Reply by MW/VA on 10/3/08 4:01pm
Msg #266266

I agree with Linda. This sounds like a "cover their a--" move. What you can do for them is have the borrowers sign a new DOT & notarize it with the current date. I have been asked to do that a # of times when it didn't record for whatever reason. This is where back-dating would be absolute fraud.

Reply by CopperheadVA on 10/3/08 4:08pm
Msg #266269

<< What you can do for them is have the borrowers sign a new DOT & notarize it with the current date. >>

And charge a fee to print, travel to appt, get signed and notarize, and ship package back. I usually charge at least $50 for a local Mortgage/DOT resign - always with the current date.

Reply by Sylvia_FL on 10/3/08 7:02pm
Msg #266292

Or just have them send the original back and go out and have the borrowers re-acknowledge they signed it on the day in question and then notarize their signatures with the current date.
(Unless it is a jurat on the document in which case they would have to re-sign it in your presence)
Don't forget a document with an acknowledgment can be notarized any time after it is signed. Borrowers are only acknowledging that they are the ones who signed it.