Posted by Scott/NJ on 11/19/10 4:11pm
Msg #361995

Post Dating the Signatures!

I had a SS ask me to do a closing tomorrow (11-19) but to date all docs for 12-2. I said no can do- especially where I have to notarize.

They called me back in 15 minutes and said, "ok, have the BO sign everywhere, but send the docs back without any notarization on them", that they will notarize it once back in their office.

Their justification is that since I wouldn't be notarizing anything, I would not be putting myself in any legal jeopardy. I think I would be just an accessory to the crime. Probably minimal jail time, or even just probation for the first offense...

...and all for $85.

Reply by Calnotary on 11/19/10 4:18pm
Msg #361998

Oh boy!

I think this is something you have to report to your SOS, some one is breaking the law here.

Reply by James Dawson on 11/19/10 4:26pm
Msg #362000

Sounds like somebody posing as a SS....Calnotary is correct should be reported. Pretend you're witnessing a crime, call the police. My .02

Reply by John Schenk on 11/19/10 4:45pm
Msg #362002

GEEEZ It's one thing to ask you to post-date them, which you can't, but telling you to have them sign them all and that they will notarize them once back in their office....admitting that they are going to perform a criminal act. The SOS would probably want to set these folks up, as if they haven't already set themselves up. Good Lord, if they don't want them dated until 12/2, why don't they just move the signing to next Thursday? That's INSANE...INSANELY CRIMINAL!

JJ

Reply by James Dawson on 11/19/10 4:54pm
Msg #362004

Unfortunately John, there are some notaries like that out here. I called one a crook, she even asked me if she could "use" my stamp claiming she lost her's....what a crock. I don't know of anything she's done but I wouldn't have second thoughts of turning her in if I did.

Reply by John Schenk on 11/19/10 4:59pm
Msg #362005

Just don't get the logic in asking to have them post-dated anyway. I can at least see the logic in wanting a notary to back-date them when it's EOM, which is just as illegal but at least there's some logical reason to ask. LOL

JJ

Reply by John Tennant on 11/19/10 5:09pm
Msg #362007

Care to identify this SS???

Reply by kathy/ca on 11/19/10 7:02pm
Msg #362026

Of course only the date the signing took place can be put on

the notary certificate but to sign and date the docs for a date in the future, is that considered a criminal act?

Reply by Lee/AR on 11/19/10 7:54pm
Msg #362030

Re: Of course only the date the signing took place can be put on

Whoever 'notarizes' these later without the appearance of the signers.... Does the term "robo-signers" sound familiar? It's been in the news a lot lately. (Tho' post-dating docs is not what they were doing.)

Reply by kathy/ca on 11/19/10 8:04pm
Msg #362032

Yeah the notary that notarizes the docs AFTER they are....

signed and dated, a big no-no, BUT the OP thought it was against the law to date the docs in the future (even without notarizing) and thought that could make him an accessory to a crime.

Reply by Susan Fischer on 11/20/10 12:01am
Msg #362064

"ok, have the BO sign everywhere, but send the docs back

without any notarization on them", that they will notarize it once back in their office."

That's the crime. And if one participated, like printing the docs, and obtaining the signatures, and returning the signed docs ~knowing~ someone else intended to "notarize" them?

Man oh man, I wouldn't pet that dog.

Reply by PAW on 11/20/10 7:31am
Msg #362081

I wouldn't do it either. You don't know what can happen between the 19th and the 2nd. I wouldn't even ask the signers to post-date. The signers may not be available on the 2nd, so if questioned, how would they respond? "Oh, the notary told us to use that date, your honor." Oops. Worst case scenario, what if one or both of the signers passed away on the 30th? How would the signature, dated on the 2nd of the following month, be explained? Séance?

When they called you back stating to just have them sign, but not to notarize, I would ask for that in writing. Then, as others have suggested, file a complaint with your SOS and/or AG. Then return all the documents UNSIGNED and obviously, not notarized. (Yes, I would send the docs back, on their dime, via FedEx or UPS on their account.)

Reply by Colleen Martin on 11/20/10 10:34am
Msg #362125

wow. i thought i'd heard it all. that makes me so mad!! i can't believe they think we're that stupid that we'd do something like that!! so, who is this signing service?? i'm dying to know!

Reply by SheilaSJCA on 11/20/10 11:05am
Msg #362134

Agreed we should all know who is trying to pull this stuff n/m

Reply by Scott/NJ on 11/21/10 10:55am
Msg #362236

Well, the SS person has always appeared to ethical and given me a few other signings that were fine, so I wanted to give them the benefit of the doubt. Glad I did.

Turns out that the buyer was going to be out of country at the time of the closing so they were trying to get the signatures in place before that. After my conversations indicating the illegality of what they asked me to do, they consulted with their attorney and he sent an email.

In the end, I did the signings by lining through all the signature dates that were preprinted and inserted the actual date of the signing. I and the BO initialed all corrections. All notarizations were dated the actual date of the signing.

I actually got an attaboy in the attorney's email. He said "the notary public is correct".

All well that ends well.