Posted by SDgirl_CA on 11/15/11 5:08pm
Msg #404069

Not backdating but future dating

I would appreciate any opinions on this...

I notarized a deed back in June 2011 for a married couple.

I get a call today from an escrow company that I have not ever worked with, to ask me for a new acknowledgement with any date from today on. I asked if there was a problem and was told no, that the deed had to be recorded again. The original was recorded in June (they even emailed me a copy) but that they need it t be recorded again. They need the date to be current.

Does this seem right? I have been doing this a long time but have never run into this situation before. Thank you for your help!

Reply by VT_Syrup on 11/15/11 5:16pm
Msg #404073

A signer may acknowledge as often as he or she wishes. Just negotiate an appropriate fee, have then send you the deed, bring it to the signers, and have them acknowledge it again. Then add an additional acknowledgement certificate. When negotiating your fee, make sure most of it does not depend on whether the signers are actually willing to do this or not.

Reply by SDgirl_CA on 11/15/11 5:24pm
Msg #404074

Thats the issue I have.. they are not asking me to go to the signers again. They just want me to mail a new ack with a new date. The signers are the ones who asked me to notarize the docuement in the 1st place, no company.

Reply by Shauna/WA on 11/15/11 5:27pm
Msg #404076

No way would I do that. You don't know what that ack will be used for.

Reply by Buddy Young on 11/15/11 5:29pm
Msg #404077

On California acknowlegdements the borrower apears before you on the date of the ack. I would not do it in Calif.

Reply by SDgirl_CA on 11/15/11 5:40pm
Msg #404078

Thank you, that was my same feeling and response!

Reply by Calnotary on 11/15/11 7:25pm
Msg #404105

Contradicting yourself Buddy, per your post above? n/m

Reply by Buddy Young on 11/15/11 8:17pm
Msg #404109

Re: No i'm no , i put the date the borower appeared

before me

Reply by Susan Fischer on 11/15/11 9:25pm
Msg #404112

Snark undeserved, Calnotary. Sheesh. n/m

Reply by SReis on 11/15/11 5:40pm
Msg #404079

Def not allowed in MA & I doubt anywhere else either n/m

Reply by Carolyn Breckenridge on 11/15/11 5:42pm
Msg #404080

Re: Def not allowed in MA & I doubt anywhere else either

In Florida there has to be a corrective deed done. New deed, new signatures and a current acknowledgment.

Reply by Notarysigner on 11/15/11 5:44pm
Msg #404081

Same here...1003 form n/m

Reply by Linda_H/FL on 11/15/11 6:10pm
Msg #404088

A corrective deed correcting what?

IMO all that needs to be done *in Florida* is a revisit to the people, have them reacknowledge their signatures, and a new notary certificate completed.

Florida uses mortgages, not deeds.

Reply by Linda_H/FL on 11/15/11 6:17pm
Msg #404091

Woops..went back and read OP...disregard Mortgage

reference...my bad...apologies.

Still don't need a corrrective deed - just a re-ack.

Reply by Carolyn Breckenridge on 11/15/11 6:25pm
Msg #404094

Re: A corrective deed correcting what?

Ok, I misunderstood the scenario. I just can't amagine what the case would be to have to have the deed re-acknowledged.

Reply by CopperheadVA on 11/15/11 6:07pm
Msg #404086

Nope - I would tell them no can do!

Their problem is not your problem - don't you just love how they think the notary will just "help them out" and break the law? And how odd that it was a company you had not worked with - maybe the original job was through a signing service?

Reply by MW/VA on 11/15/11 6:51pm
Msg #404101

It's not unusual to have to get a new DOT (assuming that's

what you're referring to) re-signed & notarized because of recording issues. I also wouldn't send a new ack just to accommodate the error and it's not legal to do that.

Reply by Calnotary on 11/15/11 7:24pm
Msg #404104

Ilegal totally ilegal how do you know if they

are still alive?

Reply by SDgirl_CA on 11/15/11 8:32pm
Msg #404110

Re: Ilegal totally ilegal how do you know if they

Totally agree & not doing it!

Just a little more background.. I was originally contacted by the signers to sign this grant deed in July. No signing company, no escrow company, just the married couple.

Now all of a sudden I get contacted by an escrow company to do this. I think if it has to be re-recorded then it should be "re-notarized". I will not just sent an acknowledgement. I wish I still had the original contact info for this couple but I do not. Should I report this?

Reply by Linda_H/FL on 11/15/11 8:37pm
Msg #404111

Re: Ilegal totally ilegal how do you know if they

" I think if it has to be re-recorded then it should be "re-notarized". I will not just sent an acknowledgement"

Not necessarily - it can be re-recorded just as it is with the older date and notarization - no re-notarization required.

Sounds to me like your couple didn't bother recording the deed in June and now escrow is having to backtrack and correct chain of title. The old deed, if they have the original, should be fine to be recorded, but apparently they're unaware of that.

I agree - do not just send an ack..