Posted by Heather/NH on 4/8/10 9:45pm
Msg #330875

Back Dating , a hot topic.

I know this has been a topic on here a lot.
I received a call today and accepted a signing that was already completed (by someone else) but the mortgage was not notarized correctly and needed to be redone. I receive the docs and they are dated weeks back and the state is not my state.
I will not backdate anything, ever.
I am just wondering what the proper procedure is for this. Do I just refuse and move on or is there a reporting process?
Thank you!

Reply by John/CT on 4/8/10 9:54pm
Msg #330878

Simple answer, for me at least:

Most mortgage notary sections contain an acknowledgement. In this case, if it were me: (1) Have the borrower(s) acknowledge their signature(s) on the document; (2) Change the venue to my state & county & initial the changes; (3) Complete the notary acknowledgement with today's date. If there was a preprinted earlier date, strike it out and initial.

Reply by Sylvia_FL on 4/8/10 9:56pm
Msg #330879

Don't worry about the dates on the docs.

I take it from your post that it is just the mortgage?

Just have the signer acknowledge to you that they signed it etc, and notarize their signatures with the venue and date of the notarization.

just fulfill your duties as a notary under your states notary laws

Reply by MikeC/NY on 4/8/10 10:15pm
Msg #330880

"I am just wondering what the proper procedure is for this. Do I just refuse and move on or is there a reporting process? "

The proper procedure is to change the venue to reflect where your feet are when you notarize, and use the current date for the notarization. Unless your state law says otherwise, it doesn't matter when they signed if it's an acknowledgment; what matters is that they appear before you to acknowledge their signatures on the date you perform the notarization. I'm sure I'm not the only one who has notarized signatures on a mortgage a year or more after it was signed...

If they're OK with that, there's no problem. If they insist on using the old date, just say no and move on.

If the hiring party is asking you to commit fraud, you could report it to your SOS or to the local DA. Whether either will do anything about it is a completely different story... It seems that most of the time this stuff is seen as unimportant (until it gets dragged into court as part of a law suit...)

Reply by JanetK_CA on 4/8/10 11:34pm
Msg #330886

Just to be clear, it is only backdating if they want the date on your notary certificate to be prior to the actual date that the signers appear before you and you complete the notarization. As for the venue, I would think that you would have to add a new acknowledgment certificate, since it was already notarized once, so you would naturally use the venue where you complete your notarization. I wouldn't change anything, unless they have provided a new acknowledgment cert. with a pre-printed venue that is incorrect.

Reply by Susan Fischer on 4/9/10 3:18am
Msg #330895

Sage advice doesn't get any better than this. n/m

Reply by Cari on 4/9/10 8:16am
Msg #330913

if they co that hired you asked you to back date, don't....

put the date, which is the actual date of the notarization, on the docs...

Reply by Cari on 4/9/10 8:17am
Msg #330914

forgot to add, change the venue as well.... n/m