Posted by KARA/NJ on 6/28/11 7:07am
Msg #387990

Asked to backdate...

I had a closing scheduled for this past Sunday-thankfully only 15 minutes from my house. I get there on time and the first item discussed was how much money this client was to receive at funding. Well...her lender never went over the final numbers and they were shy by $4000. Of course, he's not answering his cell phone and after several tries at explaining the right to cancel, she refused to sign. Now I'm aggravated that all I'll be getting is the print and trip fee, let alone messing up my Sunday.

I received a call last night from her lender asking if I would be willing to go back tonight to complete the closing. Here's the catch-he had the audacity to ask me to backdate the paperwork to the 26th. Two days ago...I asked him how he could even ask me to do that and I would be risking my commission. His answer to me was " Figured I'd ask, sometimes we get lucky".

OMG-Do you think I should let the signing service that hired me know what he tried to pull? Or should I let it go? I just couldn't believe the nerve of this guy.

Reply by 101livescan on 6/28/11 8:38am
Msg #388002

He just wants to book the loan in current month. Greedy Bastard...he should have done his due diligence, and he wouldn't have had to ask for backdating.

Reply by ReneeK_MI on 6/28/11 9:35am
Msg #388010

first thought in my head - was the $ for July taxes?

No, it wouldn't excuse the L.O. It's end of June, most summer taxes are due July 1st, it's a common issue this time of year (and in late fall).

As for complaining to someone about it - well, more power to you but eventually, someone from the majority of the companies you will ever work for will ASK. Whether we like that or not, it just is what it is.

Reply by SouthernOK on 6/28/11 9:39am
Msg #388011

I wouldn't complain, he asked and you said no.

Like he said sometimes they get lucky...I'm not saying it's right to ask or to break the law.

He asked, he didn't tell you to backdate or take the job back. I'd let it rest.

Reply by Linda_H/FL on 6/28/11 9:51am
Msg #388015

Usually when the numbers are that far off

that's when I go over the HUD line by line - the answer is usually there and though they may not be happy, they're usually appeased and the signing continues. Large tax and/or insurance escrows or payments usually account for the discrepancy - or a debt that lender decided must be paid out of proceeds.

As I said, borrowers aren't always happy about it but the answer is usually found and the signing is saved.

That being said - asking you to backdate is wrong.

Reply by CJ on 6/28/11 10:50am
Msg #388022

I think I recall from the test that backdating is a felony, and SUGGESTING it is a misdomeaner. (Probaby because suggesting it is sugessting a conpiracy to commit a crime.)

The few times I have been asked to backdate, I TELL them that: "Backdating is a feloney, and suggesting it is a misdomeaner". I don't call the police, but I do tell my SS because they need to know that their clients are jeapordizing them too.

I had one guy say to me, "Aw, c'mon, all the other notaries do it!" Fine, get one of them.

JMHO

Reply by Teresa Rowe on 6/28/11 12:11pm
Msg #388034

Re: I agree with the other comments, also the borrowers are

entitled to the right of recission period if this loan has one.

Reply by SouthernOK on 6/28/11 12:38pm
Msg #388043

He said she said...you better have hard proof. n/m

Reply by KARA/NJ on 6/28/11 1:08pm
Msg #388049

Re: He said she said...you better have hard proof.

I actually did find the discrepancy-they built her third quarter taxes and full year of homeowners insurance into the new loan amount. She didn't care and wanted to hear it from the lenders mouth. Then to top it off, the client wanted to know if I heard from the lender today to see if I can come back out. I told her I would if the paperwork was redrawn with the current date-the end.

Reply by JanetK_CA on 6/29/11 1:56am
Msg #388102

Re: He said she said...you better have hard proof.

Depending on the lender, the document date could be irrelevant. I had a very similar situation (minus the backdating, thank goodness) early Father's Day morning. There was a discrepancy, but the borrower refused to go over the HUD or even call her LO, because she was in a hurry to get somewhere. (I was considerably less than thrilled because I had hoped to catch up on my sleep that morning! ) The issue was worked out within a couple of days and we ended up using the same set of docs, except for anything that was impacted by the changes on the HUD.

Bottom line, the date that matters is the one you put on your notary certificate(s), which you clearly know has to be the actual date.

Reply by JanetK_CA on 6/29/11 2:00am
Msg #388103

"I think I recall from the test that backdating is a felony, and SUGGESTING it is a misdomeaner. (Probaby because suggesting it is sugessting a conpiracy to commit a crime.)"

Yes, that's in the CA notary Handbook - but that's California state law which may not be the same elsewhere. I'm pretty sure it's illegal to backdate in any other state, as well, but the penalty could be very different and it may not also be a crime to ask.

Reply by HrdwrkrVA on 6/29/11 8:00am
Msg #388112

Felony...schmelony...misdemeanor...Anthony Wiener...

It's ALL fraud! One person turns a blind eye...another person turns a blind eye...soon it like doin' business as usual - awww no big deal. This attitude prevails 'til someone gets screwed - BIG TIME! But it all started from thinking... just backdate one day - no big deal...