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Was I right to refuse to notarize a backdated document?

Photo of woman with long dark hair on phone. She is looking at papers in her hand. Text on image reads NNA Hotline Tip.

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

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4 Comments

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Jaime Barreto Jr

06 Jan 2025

I would have declined under normal circumstances but if it was imperative for the contract addition to be completed in would have done so with the current date. Now if it was acceptable then my action would not have delayed processor delivery. If it was to be returned it was going to be returned anyway for a rewrite so it all matches date wise but at least we tried and left the final decision to the underwriter. Would this have affected my commission and would the title company help protect me if it was deemed incorrect? It wasn't illegal but the same date on all documents may be a request. It may pass depends on who's processing.

TERESA BURRELL

06 Jan 2025

I would have no problem asking the borrower to sign with the earlier date requested by the title company as long as they were OK with it, however I would make the title company understand that any notarizations I performed would show the current date. Your answer doesn't give a full explanation of the issue.

Gary Goodale

06 Jan 2025

Hmm Interesting question. I would have had the signers date the original date to make everything conforming. Any notarial pages would have been current dated. Like what was stated above the docs needed to confirm. Just my thoughts though.

Kimberly Hall

01 Jan 2025

I'm confused by the scenario - the Notary was presented with additional documents at a later date than the signing, and since the Borrower hadn't seen them, this wasn't a resigning - the Notary felt like they were being asked to backdate, which you said wasn't the case, yet agreed that declining was the correct thing to do (?) If the Notary had done the second signing, would they notarize everything for the earlier date, but not have the Borrower sign the journal again since the earlier date wouldn't be in order if they'd done additional signings between the Borrower's signings ?

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