I had a title company representative ask me to have the borrower backdate the documents he was signing instead of entering the correct date. It was a refinancing with notarizations. He had signed some docs on 11/1/2024, but some documents were not in the original package. I told the title person I could not do so in good conscience and I was removed from the signing. Did I act correctly? — J. J., Washington
The title company likely asked you to backdate the documents so that the dates on all documents in the loan package — the originally signed docs as well as the ones added later — would “conform.” This could be important when the loan is closed and sold in the secondary mortgage market later.
While your brief description does not give us a full picture of what exactly transpired, we can provide some general comments. It does not sound like the title company asked you to backdate a notarial act, which never would be legal and could endanger your Notary commission. It also does not appear that the "new" documents, which were not in the original package, contained typed dates that were prepared earlier than the date they were to be signed. If that were the case, it is not inappropriate that a document containing what we call a “document date” is dated earlier than the date it is signed. Finally, it does not sound like you made a mistake and the document had to be re-signed. If this were the case, one reputable, longstanding signing service told us it would send the same Notary back out and ask that the new documents be dated on the date the other documents were signed (or “backdated” to use your term) because the Notary presented the original document to the borrower on that date.
Going on the information you provided, we think you did the right thing by declining. We know that was costly to your business, but we commend you for sticking to your principles.
Read our article on when to refuse a notarization for more guidelines on when it is appropriate to turn down a notarization request.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline consultants to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.