Posted by JHINCHEY_VA on 3/27/13 2:31pm
Msg #463361

PLEASE HELP

I just got a call from a company and because the borrower did not sign using her middle initial they want the docs redone. This is fine with me but they want them backdated. I don't think this is even legal.... tell me what you think please.....

Reply by Linda_H/FL on 3/27/13 2:37pm
Msg #463362

What date the signers put in the docs is not your concern - your certs MUST contain the current date that they are in front of you. Unless, of course, lender and/or title require the dates to match, and if they do then there's a problem. The date in your certs in non-negotiable - it must be the date the people are there.

Reply by Mary_in_VA on 3/27/13 2:48pm
Msg #463363

You should never, ever, ever backdate a notarization!! That being said, if they want to redo the documents with the same date and borrowers are willing to sign with that date, it makes no difference in your acknowledgements, which should use the date you actually notarize. (For example, documents are dated 3/25/13, but your acknowledgement would show today's date, 3/27/13.). Be extra careful that borrowers don't put the date next to any oaths that might say "SUBSCRIBED (emphasis added), sworn to and acknowledged before me..."

Did the original notarization clauses have her middle initial in them? If so, and they are adamant that docs use original date of notarization, they could possibly air express originals back and simply have her squeeze her middle initial into the signature. (I personally have never done this: I'm just thinking it may be a possibility acceptable to lender, title and you.)

Reply by Snuggles on 3/27/13 6:39pm
Msg #463393

My attitude IS that you should not even ask this question on the board! This should be the number one thing you learn! I don't care how much they pay or say they will pay, anyone that back dates should be prosecuted!

Reply by Eve/VA on 3/28/13 8:58am
Msg #463473

Snuggles, really? Why so rude? n/m

Reply by Mary_in_VA on 3/27/13 2:51pm
Msg #463364

Sorry...I forgot...would add to that last that I would attach re-acknowledgments to the notarized documents that she added her initial to.

Reply by Notarysigner on 3/27/13 3:48pm
Msg #463368

Re: from what I see Page 11 of your 2013 handbook

makes it perfectly clear "........A Virginia notary may REFUSE to notarize a document.
Except with respect to a remote electronic notarization as described above, in taking an
acknowledgment or administering an oath, the person whose act is the subject of the notarial act
must personally appear before the notary......."

Reply by Jessica/FL on 3/27/13 4:04pm
Msg #463371

I would tell them that it is the borrowers legal signature. *If that is how the signature read on the id*

Reply by Jessica/FL on 3/27/13 4:06pm
Msg #463372

I have had to go out and fix an error when it is my fault.

Reply by Jessica/FL on 3/27/13 4:07pm
Msg #463373

^^^But not backdate.

Reply by VT_Syrup on 3/28/13 1:46pm
Msg #463528

If you have to do a new notarization, it must of course be dated for the date the signer appears before you, and backdating is unacceptable.

Some states allow notaries to correct notarizations at a later date without having the signer reappear; I don't know if your state allows that or not. If the original document was returned to you, and at the time the signer appeared before you, she established what her middle initial was with evidence that satisfies your state laws, you might be able to correct the notarial certificate. If the document and the notarial certificate agree about the initial, the company might be willing to accept the absence of the initial from the handwritten signature.

Of course, if the middle initial is already in the notarial certificate, and they insist it be in the handwritten signature, this approach wouldn't help.