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PWinFL
Florida
469 Posts |
 Posted - 11/27/2010 : 05:43:34 AM
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quote:
Originally posted by Hollyhock
PAW
I would really appreciate an answer.
I would be more than happy to provide an answer if I know it. However, since the answer depends on what state you're in, I cannot provide a concise answer. (I take it you are not in Florida as I did provide a concise answer based on Florida statutes.)
Please tell us what state you are in. Your notary handbook, if your state has one, may also provide the correct answer.
IMPO, whenever a document is signed, including 'resigned', a new signature would require a new notarization, following state notary laws. As far as I know, every state requires the notary to use the current date in the notary certificate. (Current date meaning the actual date the notarization is performed.)
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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Hollyhock
8 Posts |
Posted - 11/26/2010 : 6:04:50 PM
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PAW
I would really appreciate an answer. The title company has asked us to have documents resigned and have the borrower use the original date not today's date?
What is your advice on this?
And, can we use an AKA on the notary acknowledgement?
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PWinFL
Florida
469 Posts |
Posted - 11/26/2010 : 5:25:57 PM
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In Florida, a notary cannot alter any document once it has been signed. In the case of an error, again by statute, the notary is obligated to do a new notarization. Along with that, the date must be the actual date of the notarization. Therefore, if a document is resigned, it takes a new notarization and must be dated for the current date. No ifs, ands, or buts about it.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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Hollyhock
8 Posts |
Posted - 11/26/2010 : 4:49:44 PM
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When a notary has made an error and must go back and have documents resigned by the borrower with the new signature but with the original date, how should the notary date the notary block? The original date or the date that it is be resigned.
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timgatewood
Tennessee
27 Posts |
Posted - 02/20/2008 : 07:58:09 AM
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The simplest way to answer this is WHY is the notary there? To certify as an impartial witness that certain events took place at a certain time and place. When you sign the notary certificate (whether it is a jurat or an acknowledgment) you as the notary are placing your official word upon the truth of the statements made in that certificate.
So, the way my attorney explained it to me, on any notarized document, you just have to make sure that whatever the certificate says is true. If it says they appeared before you on Friday and they did not appear before you on Friday (even if they did appear before you on Saturday), you have just used your official office to commit a fraud. Even if no one is being hurt by it now, years later the entire transaction could be challenged legally over this backdating.
In short, they may want their money a day early now, but a sharp attorney a few months or years down the road could get them their house for free -- and it would all be on you as the notary who did not do your job properly.
NEVER BACKDATE. NEVER LIE in the notary certificate. Those are the rules as explained by my attorney and in every reference, legal or otherwise, that I have ever seen on the duties of a notary. Just keep it clean and tell your client that backdating is simply not allowed in your state (and it is not allowed in any state, so far as I have ever heard).
-- Tim Gatewood
Notary Memphis
quote:
Originally posted by jbelmont
Here's the situation . . . .
A North Carolina signing agent is asked to notarize loan documents with yesterday's date so that all the document dates will match. No one is trying to do anything underhanded. The borrower understands that his 3 day "right of recission" is going to be cut by a day, but he's ok with that because he wants his cash a day sooner.
No one is trying to create a false alibi with the fake date. It's merrly a matter of not having to create new documentation.
Is this illegal? Is is immoral? Is it possible the notary can lose his or her commission?
Originally posted by "Stamper"
Notary Memphis
Traveling Notary, Signing Agent & Field Inspector
Serving Memphis & west Tenn. |
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n/a
114 Posts |
Posted - 01/10/2008 : 11:09:51 AM
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quote:
Originally posted by dfye@mcttelecom.com
Never back date any document no matter what!
Legal Eagle Para Professional Services
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 01/10/2008 : 02:02:22 AM
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Never back date any document no matter what!
Legal Eagle Para Professional Services |
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n/a
114 Posts |
Posted - 01/09/2008 : 1:33:53 PM
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quote:
Originally posted by RTS
Interesting you would say that Burton.
My dear colleague, for each of us, our perception is our reality. I am confident that we will achieve more by working together than by crossing swords on the field of battle.
I hope you agree with me that we will provide comforting support to each other, both on this board and elsewhere, with the goal that our mutual efforts will establish and maintain an environment of mutual courtesy and professionalism in a field all too often lacking respect for others. Everyone has a family that we love and we work hard to support our families as well as those whom we are hired to serve.
Regards.
Burton F. |
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n/a
114 Posts |
Posted - 01/09/2008 : 07:30:59 AM
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quote:
Originally posted by jbelmont
Here's the situation . . . .
A North Carolina signing agent is asked to notarize loan documents with yesterday's date so that all the document dates will match. No one is trying to do anything underhanded. The borrower understands that his 3 day "right of recission" is going to be cut by a day, but he's ok with that because he wants his cash a day sooner.
No one is trying to create a false alibi with the fake date. It's merrly a matter of not having to create new documentation.
Is this illegal? Is is immoral? Is it possible the notary can lose his or her commission?
Originally posted by "Stamper"
If you have to ask, don't do it. The general consensus is that you are taking excessive legal and administrative risks by backdating documents. This is an all-to-common practice that should be avoided.
Burton F. |
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jbelmont
California
3106 Posts |
Posted - 03/10/2007 : 06:22:01 AM
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Here's the situation . . . .
A North Carolina signing agent is asked to notarize loan documents with yesterday's date so that all the document dates will match. No one is trying to do anything underhanded. The borrower understands that his 3 day "right of recission" is going to be cut by a day, but he's ok with that because he wants his cash a day sooner.
No one is trying to create a false alibi with the fake date. It's merrly a matter of not having to create new documentation.
Is this illegal? Is is immoral? Is it possible the notary can lose his or her commission?
Originally posted by "Stamper" |
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Backdating - by "Stamper"
