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How do I handle documents with a future date printed on them?

Sometimes the date above the seller's name on a loan document will be in the future. The realtor always tells me I do not need to change any dates except my notary venue dates. Is that correct?D.M., Texas

It is difficult to directly answer your question because all documents are different, and dates can appear in different places. In general, if the post-date appears in the text of the notarial certificate, you may not execute that notarial certificate because it does not reflect the true date the document was notarized. If, however, the post-date appears in the main text of the document, it could be an “effective date” — that is a future date when the document takes effect — and it may be possible for you to notarize the document as the notarial certificate contains the actual date that you performed the notarization.

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.

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6 Comments

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Jack Crawford

17 May 2023

Sometimes there is an Effective Date, but it is left blank (not part of the notarial certificate). Should we insist that the customer insert a date in that space before notarizing? I'm in CA.

National Notary Association

19 May 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Melanie

22 May 2023

I am a CA notary and interested in reading the answer to Jack Crawford question. Thank you.

National Notary Association

22 May 2023

Hello. There is not a standard universal answer to Mr. Crawford's question. The answer would depend on a variety of factors, including the type of document involved in the notarization and any instructions on the document. Also, the answer may not necessarily apply in other states because each state's Notary laws are different.

Cheryl Olivia Lane

13 Aug 2024

I am trying to determine if a deed is legal. The notary dated that the persons signing did so...for example, on January 14, but the sale date was January 11. Does that sound legal? The state is Georgia.

National Notary Association

15 Aug 2024

Hello. We're sorry, but we are not authorized to provide legal advice regarding documents. You will need to contact a qualified attorney to answer any questions regarding the legality of the deed.

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