Posted by jba/fl on 8/7/13 4:53pm
Msg #479564

Perhaps I just lost a client.

Backdating to make it all right - "It was already notarized, therefore, it is not backdating if you have to redo their signatures."

I cite FL law, stating that I will send the statute to them and they just won't believe it. "It must be redone and we will just have to find someone else to go get it done." Since I know it to be backdating, this company will be seeking another to go and collect signatures to correct their error. Of course, they will be expected to date for July 3, 2013 also. Since it is an out of state property, I can not see if they have already recorded this as I don't know the county involved.

Oh, yes, I've been paid and the check has cleared..

Such is life.

Reply by anotaryinva on 8/7/13 4:59pm
Msg #479566

Google the address with what county should pop up. I do it all the time we have so many counties I sometimes have to check before heading out.

If it was already notarized what happened to the original? Could you certify it as a true copy?

Reply by Linda Juenger on 8/7/13 5:59pm
Msg #479578

If you still have the docs on the computer, look at the mortgage. It usually has the property address and county. Sad to hear this. Hate when this happens. Been there, done that.

Reply by Notarysigner on 8/7/13 7:03pm
Msg #479582

I can find it p/m me n/m

Reply by jba/fl on 8/7/13 9:45pm
Msg #479598

Re: I can find it p/m me

I cleaned my files today of all stuff no longer needed. This was one of the many that hit the garbage pile in the ether.

The property is in NY, but I don't know the city or anything else. I facilitated this signing on July 3, this year, now they are saying that the BO's didn't sign the way they were supposed to sign and I said I could do this with tomorrow's date. They are insisting July 3 since I already did it so it is just a do-over. Florida does not allow for this and is quite specific about it.

So, they are going to get someone to redo the mtg and riders. The BO's are going to sign again and someone is going to backdate, somewhere. Whether TC or new notary, who knows. It will not be me and that is as much as I care to know at this stage.

The real reason to post this is to be a lesson and to show how those who hire us will attempt to pressure us to do things that are not kosher. There are people who think anything they want can be done, and that is not true. Standing up to these requests is important and if a notary does not know their laws, their state's manual inside out, they can fall victim to these pressures. It is essential to know how to combat these pressures from without. We talk of this all the time: how a notary must know their own state's laws. It does matter.

Reply by PegiT_MN on 8/7/13 9:48pm
Msg #479599

Re: I can find it p/m me

Call the borrowers and ask where the property is located. Just play stupid and say that lender needs you to correct a document and you couldn't remember what county the property is in......they won't know.

Reply by jba/fl on 8/7/13 10:23pm
Msg #479606

What does it matter? I am not the aggrieved party, I

have no voice in this. I am not the town cop, and this is not enough to state anything to authorities. I also don't have the time for this. These people are moneyed, they will get their loan and life will continue until such time the advantage shifts, this is their loophole to float safely.

All I can do is steer clear. My advantage is that if you hire me, everything is aboveboard.

I also think these were individual employees, someone from the troubleshooting dept. not the company spokesperson.

Reply by JanetK_CA on 8/8/13 2:36am
Msg #479626

"It does matter." Yep!! Thanks for posting this! n/m

Reply by rolomia on 8/8/13 8:02am
Msg #479628

I hope the NSA they persuade to redo the signing is as...

...honest and aboveboard as you are. I've read about some notaries who will modify docs. to make it appear as though the orig. notary on the file made the corrections. That way, if the docs. are later called into question, the new notary doesn't have to answer for it. But, the orig. notary might. If it were me, I would look up BO's address is my notary journal.

The careful consideration that your comments suggest you are taking with regard to your signings convince me that you most likely keep a notary journal. If so, it's a simple matter of looking up the county based upon the BO's address, as it is listed in your journal. Then, obtaining a copy of the loan from said county. It might be online. Or, if you live close enough, you could also visit the courthouse in person.

Then, you could review said loan at no charge, to verify that your notarizations weren't hijacked. Of course, that's just what I would do, if I were in your situation. I don't trust any scenario where a company that hired me asks me to return, then backdate. But, if you're comfortable trusting them or aren't worried about future consequences, that is your right. I wish you luck.

Reply by anotaryinva on 8/8/13 8:27am
Msg #479632

Re: I hope the NSA they persuade to redo the signing is as...

it was an out of state property in NY, signing was in FL, journal would show the place of notarization not the property address? Just a wild quess.

Reply by rolomia on 8/8/13 8:51am
Msg #479636

I ALWAYS list both addresses in my journal.

It's my understanding that we are supposed to record ALL pertinent addresses in our journal. That is how I maintain my journal. I record the address of the location where I'm meeting with BO's, the address on their DL's (if different), the address of the property on the loan, and any other addresses of importance, just as a precaution. According to the AR. SOS, it IS legal to record such addresses in my journal. And, I'd rather have too much info. than too little.

If the author of the O.P. to this thread has such addresses in their journal, they would be able to follow up on the final result of said loan with relative ease. Even if there is expense involved, it would seem to be minor in comparison to the peace of mind that may be had by verifying that fraud didn't occur. But, his posts suggest that he isn't that worried about it. I hope for his sake that his seeming lack of concern with regard to potential fraud in relation to the aforementioned loan doesn't hurt his notary commission.

Reply by HARRY_PA on 8/8/13 2:17pm
Msg #479696

Journal requirements differ by state n/m

Reply by anotaryinva on 8/8/13 2:24pm
Msg #479697

Re: I ALWAYS list both addresses in my journal.

Rolomia is wrong on so many points it would have taken too long to respond to. The Commonwealth of Virginia does not require a journal.

Reply by rolomia on 8/8/13 3:30pm
Msg #479706

...it would have taken too long to respond to...ROFLMAO!

There weren't that many points in my post to reject as wrong. But, okay. Whatever.

In any event, Arkansas doesn't require a journal, either. But, who, in their right mind, wouldn't keep one. Hello?! And, I NEVER said that it was required by law in ALL states. I merely suggested that best practices strongly encourage that we keep a journal.

I obey the law AND I follow best practices. Others are certainly entitled to conduct their business according to their own state's laws and their own best practices. However, I wouldn't have difficulty finding out what county a particular property is in for ANY signing that I have EVER completed, b/c I keep very good records. JMHO

Reply by anotaryinva on 8/8/13 6:34pm
Msg #479740

Sean Henigan you really are OCD, not need to wonder!

Who even mentions possible OCD on their professional website?

I might, maybe, MIGHT have time to respond to you tomorrow. For starters, jba is not a HE. Simple click on the link would have revealed this to you. In one post you commend her for her diligence and the next rip her apart. Maybe you don't have OCD but schizophrenia.