Posted by VioCa on 4/9/09 12:22am
Msg #284196

Backdating issue

Here is what I experienced the other day: docs drawn on 3/23/2009 signing on 3/24/2009. Borrower dated with the correct day and so did I Notarize.
Three days later I received a call from the hiring entity stating that nobody noticed that the signing should have been the same day with the date docs were drawn. I responded that nobody mentioned that the docs are date sensitive. They answered that it was overlooked
Now came the request of what they want me to do. They wanted me to go back with the corrected date on the docs to reflect 3/24/2009 have the borrower resign everything and me to Notarize it with 3/24/2009
At that point I asked if they realize that I am asked to backdate.
The answer was no, in this case it is ok because you only have to duplicate the certificates that you already filed out.
I said no, this is backdating because a new set of docs is to be signed.
I think I received 6-7 phone calls that day for this issue, spoke to managers, etc and everybody tried to convince me that I am wrong and they are right.
In the end I said that there is not enough money in this country to pay me for going to jail so they got the idea that I wont do it no matter what.
After another good two hours they called me back and asked me if I'd go to have her sign and date 3/24/2009 and me to Notarize on 3/27/2009
I have never heard about anything like that but after I gave it a thought I agreed as long as I am not to backdate.
So this is what happened in the end she signed with 3/24/2009 and I notarized 3/27/2009
What lender would accept that scenario instead of redrawing the docs on 3/27/2009. Weird.
Why would they preffer this? I cannot figure it out. I hope I did not get myself in some sort of trouble.
I would appreciate some input from other Notaries. Thanks a lot.

Reply by Sylvia_FL on 4/9/09 6:21am
Msg #284203

You did nothing wrong. You dated your certificates for the date you notarized.
I don't care what date someone puts on the docs, that is their problem. As long as I notarize with the correct date then I am clear.

Some times when asked to do that, to make sure they cannot alter the date on the certificates I write the date out in full - i.e. March twenty-seventh 2009, instead of 3/27/09

Reply by TRG_wy on 4/9/09 8:14am
Msg #284206

Agree w/Sylvia 100% n/m

Reply by TRG_wy on 4/9/09 8:15am
Msg #284207

Geesh - guess I am still not awake. I ment to put my comment on the subject line so you all didn't have to open up the message. Still working on my first cup of java

Reply by davidK/CA on 4/9/09 3:53pm
Msg #284248

RTC and TIL dates???

Was there an RTC and a TIL included in the original package? As PAW will probably note there could be an issue with those documents depending on what kind of document was resigned.

Reply by VioCa on 4/9/09 4:14pm
Msg #284253

Re: RTC and TIL dates???

Yes, there were but that would be their problem right, not mine as long as she was instructed by the lender of what to do.
On the forms that I notarized there was no need for the borrower to print the date next to the signature so as far as I am concerned I have done my job the proper way.
They could have had the borrower sign the rest of the docs on her own and not in my presence so how can I control that. It was signed in my presence though but under the lender's instructions.
I believe that our liability is limited only to the Notary work we do.
We witness the signatures which I did in this case and filed out the Notarial Certificates with the day when that actually happened.
As far as TIL and RTC goes I think it is in violation of RESPA to acknowledge a different day then the one it was signed on but I cannot be hold liable for that fact. What do you think?

Reply by sue_pa on 4/9/09 5:20pm
Msg #284266

You cannot be serious !!

...I believe that our liability is limited only to the Notary work we do....

Reply by VioCa on 4/9/09 6:02pm
Msg #284276

Re: You cannot be serious !!

Sorry it did sound bad but it is not what I meant. In this case yes, she signed under the lender's instructions so I have nothing to do with it. I've done my job
I made detailed notes in my book about everything

Reply by lindetteh_PA on 4/9/09 4:50pm
Msg #284263

They are probably going to swap out your cerificates but as long as you keep records of both signings thats on them

Reply by ReneeK_MI on 4/9/09 6:08pm
Msg #284278

Agree, Lindetteh ...

They'll swap out the mtg cert, and there isn't likely any further certs they much care about.

Shouldn't be a TIL or RTC issue, since the borrowers DID actually sign on the 24th, and they now have a transaction date matching the 24th. The B's had their mandated RTC period, and the TIL doesn't enter into it. HUD would've been (assumably) correct (dated for 24th), so the funding date would've been appropriate/correct and the interest would've been correctly calculated.