Posted by NJW/FL on 12/29/10 12:24pm
Msg #366287

date on acknowledgment Special circumstance.

I conducted a signing a few days ago for a reverse mtge. The borrower signed two copies of the note and the HECM at the signing. The lender now needs two more copies of the note and the HECM signed for a total of 4 each. They would like me to date the acknowledgment the same date as the other two copies as they all were supposed to be done on the same day. They say it is okay as long as they are exact copies of the original documents that were already signed. I cannot find any instance in the SOS manual for Florida. This was due to the snowstorm they say and in their state they are allowed to use the same date if it is an error made by the notary.??? Input from Florida notaries please.

Reply by Linda_H/FL on 12/29/10 12:29pm
Msg #366290

They can date the documents anything they want

your certificate MUST bear the current date it is signed and/or acknowledged in front of you...you cannot backdate.

Reply by NJW/FL on 12/29/10 12:34pm
Msg #366291

Re: They can date the documents anything they want

Thank you, that is what I have told them. Just needed reinforcement.

Reply by Stephanie_CA on 12/29/10 1:26pm
Msg #366297

Completely agree with Linda n/m

Reply by JulieD/KS on 12/29/10 3:23pm
Msg #366310

It's interesting the things that a title company or signing service will tell a notary that is legal for the notary to do....when in reality they are trying to cover their own butt. They don't give a whit about YOUR butt.

Even if it was your fault, backdating is illegal. And, since it was the lender (or title company) that failed to either include [or inform you of needing ] 4 copies for signing, this doesn't make it your fault.

That's another thing that annoys me about those who hire us....their sheer willingness to throw us under the bus whenever they need to.

Reply by Patricia/VT on 12/29/10 3:39pm
Msg #366313

Does Florida allow you to certify copies of non-vital docs, and if so, would that suffice?

Reply by Linda_H/FL on 12/29/10 4:07pm
Msg #366316

Only if we make the photocopy from the original

and in the case of a mortgage it wouldn't be allowed since, once it's recorded it's a public record and a certified copy can be obtained from the court clerk.

It sounds to me like the originals got lost somewhere between signing and arrival at title..

Both notes...both mortgages....odd

Reply by ikando on 12/29/10 4:48pm
Msg #366322

Re: Only if we make the photocopy from the original

Reminds me of a case I had where the title company had too many fingers on the paperwork. I ended up doing a resigning because they lost the papers.

Reply by NJW/FL on 12/29/10 6:18pm
Msg #366324

update

Signing service called and told me that the title company understood and that I can go ahead and date all the docs the day we are signing. I expected them to find another notary that would just do what they asked, but they realized I was correct and they better do it right. Turns out there are other docs in this small pkg. so somebody did something incorrectly but I am getting paid again and they are getting it done the correct way. Thank you everyone for your input.

Reply by Linda_H/FL on 12/29/10 6:22pm
Msg #366325

Good for you Nancy!!..:) n/m

Reply by Ernest__CT on 12/29/10 11:35pm
Msg #366336

Congratulations! Good for not backing down! n/m

Reply by Alz on 12/29/10 9:41pm
Msg #366332

OMG! I recently experienced something similar, but

only a portion of the paperwork was lost. Which I thought was kind of odd.

Reply by JanetK_CA on 12/29/10 9:18pm
Msg #366331

So true... Can you spell BS?!!! ;>) n/m