Posted by bowie_MD on 9/29/08 4:23pm
Msg #265747

is it really backdating? n/m

Reply by bowie_MD on 9/29/08 4:27pm
Msg #265751

Re: is it really backdating?

I APOLOGIZE FOR MESSING UP THIS POST.
I did a closing on 9-22 and the signing service called and said lender did not get the docs. I know I mailed them.
they want me to get them signed again and they are dated 9-22
is this a do over or truly backdating?
thanks

Reply by Lee/AR on 9/29/08 4:32pm
Msg #265754

Yes, it really is backdating. n/m

Reply by Linda Juenger on 9/29/08 4:32pm
Msg #265755

Re: is it really backdating?

Do you keep a copy of the Fed Ex or UPS label? Look online and track the pkg. See if was delivered. A place to start anyway to see if they did receive them. At least you would know that its not your fault if they were delivered and they didn't get to the right person.

Reply by Marian_in_CA on 9/29/08 4:34pm
Msg #265756

Do you have a tracking number for the docs?

It's just me, but to me...yes it is backdating if you notarize them for 9-22. If the documents were lost, and it wasn't your fault, you still did your job.

I know others will have different opinions, but that fact that there would potentially be some duplicate package of documents floating somewhere out of your control could place you in a bad situation if you simply "re-did" them.

Reply by RickG/CA on 9/29/08 4:34pm
Msg #265757

Re: is it really backdating?

Back dating is back dating, there really is no reason for us to do it.

Reply by notaryinmo on 9/29/08 4:37pm
Msg #265758

Re: is it really backdating?

Yes, it's backdating. I won't do a backdating for any reason. I had a LO tell me once that I had to backdate - I told her if that was the case, she could find someone else. She arranged to have the docs redelivered to me with correct dates.

Reply by Kathy Fletcher on 9/29/08 5:00pm
Msg #265770

Just remember what would you tell the judge?

I want to tell the judge - "No, I never under and circumstances ever back date." Whenever I receive a request I even think might be wrong, usually it is! I just always mentally place myself in front of the judge and then I can answer the question simply. Always do your job with integrity and it will serve you good.

Reply by Glenn Strickler on 9/29/08 4:43pm
Msg #265763

Six days before you found out?

What delivery service did you use? Did you keep the tracking number so you can check it on the company's website to see what the real story is?

If the Fedex truck is even late that day, I will get a call from title that morning to make sure I got them out on time. It certainly would not be six days later.

If you used a drop box, call the transportation company to check that box out. Sometimes a package can get hung up high in the box, especially if a plastic pouch is used, and the driver, being in a rush, won't check. If you dropped it off to a human being, go there now with the tracking number to see what happened.

Backdating is not an option, and yes, it is backdating.

Reply by Glenn Strickler on 9/29/08 4:43pm
Msg #265764

Six days before you found out?

What delivery service did you use? Did you keep the tracking number so you can check it on the company's website to see what the real story is?

If the Fedex truck is even late that day, I will get a call from title that morning to make sure I got them out on time. It certainly would not be six days later.

If you used a drop box, call the transportation company to check that box out. Sometimes a package can get hung up high in the box, especially if a plastic pouch is used, and the driver, being in a rush, won't check. If you dropped it off to a human being, go there now with the tracking number to see what happened.

Backdating is not an option, and yes, it is backdating.

Reply by Glenn Strickler on 9/29/08 4:45pm
Msg #265765

Oops, I hit the key too many times also .... n/m

Reply by Sylvia_FL on 9/29/08 4:58pm
Msg #265768

Re: is it really backdating?

Really depends on if the docs are date sensitive.
If they are not date sensitive then it is fine, as long as the borrowers are dating their signatures where required with the current date and you are notarizing for the correct date. And make sure the RTC reflects the correct dates.


I often used to get docs that were not date sensitive so it didn't matter when the borrowers signed them.

Reply by CaliNotary on 9/29/08 5:28pm
Msg #265772

It is such a complete no brainer

that I'm really surprised you have to ask.

If you watch them sign a doc in front of you on 9/29, how can you complete a notarization that says that it was done on 9/22? They may signed something else on 9/22, but that's not the signature you're notarizing, is it?

In the same vein, if you're simply correcting a notarization (assuming it's legal in your state to do so), and there's no new signature, then your notarization needs to reflect the date tat the signer was in front of you, not the current date.

I really don't know why people make this so difficult.

Reply by Sylvia_FL on 9/29/08 5:31pm
Msg #265773

Re: It is such a complete no brainer

I understood they required the borrower to sign another set of the docs as the first got "lost"

Reply by CaliNotary on 9/29/08 5:41pm
Msg #265775

Re: It is such a complete no brainer

Exactly. So new signatures mean new notarizations with the current date. A no brainer.

Reply by Sylvia_FL on 9/29/08 5:47pm
Msg #265776

Re: It is such a complete no brainer

Yes

Just that some posters believe if the documents themselves have a different date that it is backdating. Some documents are not date sensitive and can be signed and notarized any time after the date the docs were drawn up.

Reply by Hugh Nations Signing Agents of Austin on 9/29/08 4:41pm
Msg #265761

Re: is it really backdating?

This is just a guess, but I suspect you'll find a couple of docs in the new package that weren't in the old package, and should have been. The backdating is a cover to get those docs done on the same date.

Reply by notaryinmo on 9/29/08 4:53pm
Msg #265767

Re: is it really backdating?

oh my! And to think because maybe the TC/LO thinks it's the fault of the NSA, no more pay...shame, shame...

Reply by Marian_in_CA on 9/29/08 5:52pm
Msg #265777

That's a VERY good point! When they say

"I never got them" that's a real red flag. At least one of the parties should have a tracking number.

Reply by dickb/wi on 9/29/08 7:18pm
Msg #265783

why do you really care what date is on the docs????.......

it's your notary block that you are ionterested in.....that must have the date of the acknowledgement or affirmation if a [jurat}........the date you do it.......that date does not have to be the same as the doc for the notarization to be done.......tell them you will return for another fee but the notary block will reflect the re sign date....the docs can be any date....