Posted by Calnotary on 9/18/13 5:56pm
Msg #485011

Backdating a document

I was asked to provide a loose Ack. for a notarization I did 5 years ago and they wanted to date it for that date.

I liked how she describe what I needed to do and she asked if there is any charge for doing this.

I told her that of course I could it but in the current date that the borrowers sign the document NOT backdating and that of course there will be a charge!! Never heard from him again. Do you know if the borrower is also guilty of anything if they sign a document or have their signatures notarized with another date other than the actual date?

Thanks for your opinions.

Reply by Marian_in_CA on 9/18/13 6:19pm
Msg #485016

Well, first... as I'm sure you know. There is no provision in CA law for providing a replacement certificate. You can't do it. Once it's lost or gone, it's gone. You have to do an entirely new notarial act.

If you haven't read this ... feel free to read this letter I received from the CA Sec of State on the topic a year ago:

http://www.highdesertnotary.com/casosletter0912.pdf

Specifically the sentence that says, "If a notarial certificate is lost or damaged, a new notarial act... is required."

If it is an acknowledgment, the signers can date the document itself whatever date they wish. Doesn't matter to you as a notary. In the acknowledgment, the signers are simply saying that yes, they acknowledged having signed said document. The notarial certificate (in CA) is simply you saying that on X date, these people came to me and said they signed it. It doesn't mean they actually signed it on the day. Remember, with acknowledgements, they don't even have to sign it in front of you...they just have to tell you they signed it. So, sure... a document signed and dated 5 years ago can certainly be notarized with an acknowledgment... but the notarial certificate must be dated the date the people appeared before you. That date has nothing to do with when they actually signed it.

Reply by Calnotary on 9/18/13 10:00pm
Msg #485048

Thank you Marian for your response. You should have a type of Notary Counsulting office your have such a big knowledge of CA notary laws.

Reply by jba/fl on 9/18/13 10:04pm
Msg #485049

You could have that same knowledge - just apply yourself to learning your handbook and laws. Comes with time, but you can do it too.

Reply by JanetK_CA on 9/18/13 10:37pm
Msg #485052

Just curious... did she tell you why she needed "a loose Ack. for a notarization I did 5 years ago"? And just in case there's any doubt by anyone reading this... you don't just send the loose acknowledgment certificate. The notary needs to "attach" it to the document with the signature notarized. (This also is just for California. I can't speak for any other state's laws.)

Reply by Doris_CO on 9/19/13 12:02am
Msg #485054

I'd be very curious why, after 5 years, a new certificate was needed.

Reply by 101livescan on 9/19/13 7:44am
Msg #485069

Sometime in 2012, I was asked by an EO of a local title company to perform a signing for a couple whose loan had closed a month before and funded, the deed of trust recorded, but apparently the entire loan package, after being faxed back for "fax funding" was never received by the lender for processing. We signed the entire package all over again, a month later with the date of the signing the day I showed up for the second execution, including the deed of trust. It was re-recorded. The lender MUST have these for compliance, especially the originally signed note, or the file is completely out of compliance.

Wonder where those docs got off to?? No one knows. It was so completely nuts at that time!

Reply by Calnotary on 9/19/13 8:47am
Msg #485076

In this case loan was funded but DOT never recorded.

Reply by 101livescan on 9/19/13 9:24am
Msg #485081

No, the DOT recorded because escrow always keeps the original sending three certified copies to the lender. DOT recorded, but there was never a signed note, RTC, TIL, etc. Lost in the courier shuffle, I guess, or fell off the loading dock, who knows.