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January 12, 2012

Backdating from A to Z

Backdating from A to Z for Notaries 

Backdating is the act of putting a fraudulent date on a notarial certificate such as an Acknowledgment Certificate or Jurat Certificate, etc. Backdating is illegal and you can lose your commission, and perhaps face fines or even jail time if your crime is serious enough.
 
It is common for Lenders, or people who work in Title offices to have to close a loan by a particular date, or they will lose their lock and lose the interest rate that was agreed upon.  If the loan MUST be signed by the 5th, but there was a delay in getting the paperwork ready, or the notary couldn’t come until the 6th, then the notary might be asked to backdate!  Gulp!  You will feel pressured to do it to keep the client happy. You will/might lose your pay, and the client if you don’t do what they want — but, if you comply, you could get into legal trouble which could ruin your career or life, and perhaps your afterlife as well.  So, what are your priorities?  Do you want to oben the law and lose a client, or risk it all for a bunch of nitwits who don’t have their act together?
 
If a loan is signed on the 6th, and the journal entries for the signatures on notarized documents are on the 6th, then the date that goes in the journal and the 6th, and the date that goes on the notary certificate wording is also the 6th.  If the signing is close to midnight of the 6th, then you might be able to legally date it the 7th if part of the notary procedures went past midnight.  

Please keep in mind that the document date might be the date of the signing or earlier. The document date can be whatever the document drafter chooses, and it serves little purpose other than to identify the document and distinguish it from other similar documents.

You might also like:

Notarization Dates, Document Dates & Signature Dates!
http://blog.123notary.com/?p=2421

Seal Forgery — it happened to me!
http://blog.123notary.com/?p=724

She lost a great account because she didn’t want to backdate
http://blog.123notary.com/?p=22229

What is a document date?
http://blog.123notary.com/?p=21431

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November 1, 2021

Notary Public Day — every Nov 7th

Filed under: General Stories — admin @ 7:53 am

Since 1975, every November 7th has been celebrated as Notary Public Day. I have never heard of this day before. I don’t think very many Notaries celebrate it. I’m not sure how you should celebrate it. Perhaps getting a rectangular cake that looks like a frosty Notary seal would be the best way. And you could sing Notary songs about declining backdating requests, 15 year whisky and a 30 year loan, I’m running out of song ideas.

To me that is one more excuse to party. But, would Notaries get together with other Notaries (competition) and celebrate, or get together with friends and describe their profession and listen to all of their lame questions? Hmm. Food for thought.

The date of November 7 was chosen as Notary Public Day in recognition of the date that America’s first notary, Thomas Fugill, was commissioned. Fugill’s appointment by the Colony of New Haven happened on October 25, 1639 (Julian calendar), November 7 on the Gregorian calendar now in use. So, Fugill’s Notary commission was not in Fugility nor was it in futility!

I’ll contact my local cake makers. We really need to make a thing out of this. We should contact calendar makers to get them to put it in the calendar as it trumps some of their other inconsequential holidays like Canadian Thanksgiving (observed.)

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June 12, 2021

Notarizing Paul Revere

Filed under: General Stories — admin @ 11:45 am

A Notary was bored, and invested in a time machine. He wanted to see how people lived in different times and places. So, he set the machine to send him to ancient Egypt to see the pyramids in Giza. But, the machine malfunctioned and he ended up in the Boston area in 1775.

The Notary got out of his British looking phone booth, and walked around on a dirt road bewildered thinking, “Where am I? This doesn’t look like Egypt. I want some felafel.”

A crazy guy on a horse almost ran him over screaming, “The redcoats are coming — The British are coming.” The British were leaving Boston to march to Concord to confiscate some ammunition, weapons, gunpowder, etc., from the colonials.

NOTARY: Hey watch where you’re going.

PAUL REVERE: You shouldn’t walk in the middle of the road lad, it’s dangerous.

NOTARY: And learn to signal your turns. It’s common courtesy.

PAUL REVERE: I’ll work on it. Wait a second, what century are you from. Those are very odd clothes.

NOTARY: Ay lad… now I’m talking like you guys. I’m from the future and my time machine broke.

PAUL REVERE: We can’t even get gun powder easily here in the middle of a revolution, so I don’t think I can help you. But, do you know where I can get a good Notary Public?

NOTARY: Ay laddie, I’m a notary, and I brought my stamp. It doesn’t expire for a while, but I’m commissioned in Massachusetts

PAUL REVERE: Massachusetts colony?

NOTARY: It becomes a state. There are 50 states in my time.

PAUL REVERE: 50 lad? My head is spinning. Next thing you tell me is that we become the most powerful country in the world, and they give partial credit to me just for riding Barnie around screaming the news.

NOTARY: Actually, you become a well loved historical figure. Here, can you sign your John Hancock here?

PAUL REVERE: I know John. He’s an acquaintance of mine. He lives in Massachusetts you know. Born here and will probably die here.

NOTARY: His signature will become famous. He will sign the Declaration of Independence in another year or so.

PAUL REVERE: Wow, so I’m going to be famous and he is too. I’ll drink to that. Jump on back, I’m going to Monroe Tavern in Lexington to warn the locals, and then on to Concord. Just let me sign your log book, I hope this is not considered backdating by about 240 years, but… as they say in the valley — what… ever… Please stamp my document. Do you need wax for that?

NOTARY: We don’t use wax in my time.

PAUL REVERE: Okay, we’ll have a pint in Lexington, and then on to Concord. Then we can try to see what we can do about time machines. Hey, I have a friend in Phili who loves gadgets and futuristic inventions. His name is Ben Franklin — great with the ladies. We can ask him to ride up. It’s only a few days Southwest of here.

NOTARY: I guess I’m stuck here, so we’ll have hasty pudding, drinks and do some sniper attacks on the red coats in the mean time.

PAUL REVERE: Good. Are you good with a musket?

NOTARY: Gee, we’re a little close on this horse. So much for social distancing.

PAUL REVERE: Don’t worry, I don’t have smallpox. Onward ho…. Yee Haw!!!

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April 22, 2021

Commentary on NNA’s post about accepting tips

Filed under: Business Tips — admin @ 8:26 am

In the NNA blog, they published a very nicely written document about whether or not it is ethical to accept tips as a Notary Public. The law seems to omit covering this point.

An improper influence?
NNA’s position (I can see them asking me to not mention them in my blogs within hours of when this is published, but here goes) is that you should NOT accept tips as it could be seen as an improper influence.

Here is my commentary

In-house services
If you are providing in-house Notary services, there is a state maximum for which you can charge. In california it is $15 for an Acknowledgment or Jurat. You cannot ask for more than that. If someone gives you a gift of an extra tip, it seems a little questionable to me. On the one hand you are in the clear in certain ways since you did not ask for that extra money. On the other hand, you violated the maximum fee in a sense. In this situation, I agree with the NNA that it would be better not to accept a tip.

Mobile services (not called out-house unless you really need to go.)
If you are providing mobile notary services and your state doesn’t have any Marxist restrictions on your liberty to determine your own pricing, in my opinion, the customer can offer you any type of tip they like. You are not restricted in any way as there is no price fixing for mobile work in most states (there are nine states or so that do have restrictions.)

Any small tip could be construed as an influence, one perhaps for more favorable scheduling and service next time around. However, it doesn’t seem credible as a bribe to be coerced into doing something illegal or unethical like backdating or falsifying someone’s identity. Bribes for those types of illegal services would be in the tens of thousands and not an extra $5. An extra $10 is an innocent way of saying thank you and we value you, not a bribe.

One of the greatest joys as a mobile notary is to get one of those wealthy, generous and charismatic clients who is flamboyant in the praises and gifts that they give you. If you are a Notary who makes their life easy and pleasant, you deserve those gifts in my opinion. Notaries have been given gift certificates, movie passes, boxes of chocolates, and more. As an in-house Notary, it is slightly questionable and “safer” as the NNA claims not to accept this gift. But, it is not illegal to accept a gift from someone and you might offend them or hurt their feelings if you don’t.

So, I respectfully agree, while disagreeing with the NNA on this issue, but I do respect their correct idea that it is “safer” not to accept gifts. It’s also safer for a ship never to leave the harbor, but then what good is it being a ship if you just sit there collecting barnacles?

Here is the original post and it’s interesting
https://www.nationalnotary.org/notary-bulletin/blog/2019/11/should-notaries-accept-tips-and-gratuities?utm_campaign=bulletin20201207&utm_medium=sociall&utm_source=facebook&utm_content=AcceptingTips&fbclid=IwAR33D11k5wLBj4_3GdrAdGGfhPmJZI8xO0NanYQFKE9M_IZ3wL7XpXTkhJI

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February 9, 2020

2012 complication of best posts

Filed under: Compilations — admin @ 9:50 am

Here are some of our best posts from 2012.

TECHNICAL

What is signature by X?
http://blog.123notary.com/?p=2278

Information about various notary procedures
http://blog.123notary.com/?p=2268

Rules for notarizing a bedridden person
http://blog.123notary.com/?p=2243

Backdating from A to Z
http://blog.123notary.com/?p=2424

All you need to know about notary work
http://blog.123notary.com/?p=2354

Can a notary notarize a birth certificate?
http://blog.123notary.com/?p=2300

Fraud and forgery in the notary profession
http://blog.123notary.com/?p=2294

Do I notarize every page of the document?
http://blog.123notary.com/?p=2280

Notary boiler plate wording
http://blog.123notary.com/?p=2432

Notarization dates, Document dates & Signature dates!
http://blog.123notary.com/?p=2421

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

Can a notary sign on a different day?
http://blog.123notary.com/?p=2457

Don’t drop the Fedex in the drop box!
http://blog.123notary.com/?p=2831

Protecting yourself with a contract
http://blog.123notary.com/?p=2593

Tips for Notaries
http://blog.123notary.com/?p=3360

STORIES

Borrowers and their filthy homes
http://blog.123notary.com/?p=2214

Power of Attorney at a nursing home
http://blog.123notary.com/?p=2305

123notary behind the scenes
http://blog.123notary.com/?p=2499

20 stories about animals at signings
http://blog.123notary.com/?p=3074

5 books every notary should own (and read)
http://blog.123notary.com/?p=3668

3 notaries walk into a bar
http://blog.123notary.com/?p=3660

I make mistakes too
http://blog.123notary.com/?p=3639

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August 20, 2019

A bar only for “cool” notaries

Filed under: Virtual Comedy Themes — admin @ 11:48 pm

I had a dream that I bought a bar and wanted to make it the coolest place only, and for Notaries primarily. So, what I did was to create this apparatus called a “coolometer”. It is a little like how they strap you to a laughometer at comedy places where they charge by the laugh. The coolometer measures how cool you are, so the bouncer can decide whether or not to let you in on a busy night.

In any case, the machine has a rating from one to ten to test how cool you are. On a regular night you need to score at least four so we know you are not a complete dweeb. But, on the weekends you need to score at least six. Day time we did not have too many restrictions just as long as you weren’t scaring people away.

So, the bar did well. Many Notaries came and swapped stories about backdating, who paid, who didn’t, and more. Some Notaries decided to become pick up artists and come up with pick up lines (which usually didn’t work).

Do you sign her often?
What’s your sign?

LINE: Do your parents know that you hang out in dangerous neighborhoods after dark?
RESPONSE: This neighborhood isn’t dangerous.
LINE: It is when I’m here baby!

In any case, everyone had a good time and the bouncer had the necessary tools to pick them. Thank God he didn’t decide to screen people based on Notary knowledge otherwise the bar would have been empty. But, then, I decided to visit my own bar. The bouncer strapped me to my coolometer and said that I only scored a three and couldn’t come in. I said, “But, I invented this machine — not fair… plus I am the owner. What gives?” Then he said, “Just kidding.” I was so riled after that I had to have a home made ginger beer spiked with rum. Good God. And remember — Don’t drink and sign!

You might also like:

Bartender Notary – a reverse mortgage on the rocks
http://blog.123notary.com/?p=4080

An American Notary dates a Chinese Notary using an app
http://blog.123notary.com/?p=20809

Best virtual Notary comedy compilation up to 2018
http://blog.123notary.com/?p=17693

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November 20, 2018

123notary’s Index of Popular Notary Articles

I am not sure how this is going to go, because there are more than a thousand articles on our site. So, wish me luck and I hope this post is valuable.

COURSES
http://blog.123notary.com/?p=20276
Beginner Notaries 103 Course – http://blog.123notary.com/?p=21112
Notary Etiquette 104 – http://blog.123notary.com/?p=21132

TECHNICAL POSTS
Journals — http://blog.123notary.com/?p=20272
Certificates — http://blog.123notary.com/?p=20268
Notary Acts — http://blog.123notary.com/?p=20280
General Notary Information — http://blog.123notary.com/?p=20264
Documents — http://blog.123notary.com/?p=20258
Law Suits & Legal Risks – http://blog.123notary.com/?p=20478
Credible Witnesses – http://blog.123notary.com/?p=20414
Index of posts about Power of Attorney – http://blog.123notary.com/?p=20255

MARKETING
Notary Marketing 102 Course – http://blog.123notary.com/?p=19774
Index of Marketing Posts – http://blog.123notary.com/?p=20284
Snapdocs Compilation – http://blog.123notary.com/?p=21531
Phone Etiquette – http://blog.123notary.com/?p=20505
Compilation of certification posts – http://blog.123notary.com/?p=16264
10 rules for negotiating fees – http://blog.123notary.com/?p=19620
How to write a notes section if you are a beginner – http://blog.123notary.com/?p=16698

PUBLIC INTEREST
Find a Notary – http://blog.123notary.com/?tag=find-a-notary
Posts about fraud – http://blog.123notary.com/?p=21527

GUEST BLOGGERS
String of guest blogs – http://blog.123notary.com/?cat=230
Compilation of guest blogs – http://blog.123notary.com/?p=22472

HUMOROUS & DRAMA POSTS
Best comedy articles 2010 to 2014 – http://blog.123notary.com/?p=20288
Stories on the blog – http://blog.123notary.com/?p=21898
Posts about Notary & Politics – http://blog.123notary.com/?p=20357
Compilation of mafia related posts – http://blog.123notary.com/?p=20352
Best Virtual Comedy Posts to 2018 – http://blog.123notary.com/?p=17693
Notary Restaurant Post Compilation – http://blog.123notary.com/?p=17442
Notary Dating & Romance – http://blog.123notary.com/?p=17451
Compilation of Notary Sit-Com Episodes – http://blog.123notary.com/?p=15949

GENERAL
Best blog posts since 2010 – http://blog.123notary.com/?p=21650
Posts about 123notary – http://blog.123notary.com/?p=20648

COMPREHENSIVE GUIDES
12 questions to ask for hospital notarizations – http://blog.123notary.com/?p=20519
How to make more as a signing agent – http://blog.123notary.com/?p=20418
Notary Public general info – http://blog.123notary.com/?p=20075
How to negotiate signing fees like a pro! – http://blog.123notary.com/?p=19198
When to refuse a notarization – a comprehensive guide – http://blog.123notary.com/?p=18974
10 things a notary can do to screw up a notarization – http://blog.123notary.com/?p=18864
A comprehensive guide to notary organizations – http://blog.123notary.com/?p=17088
A comprehensive guide to notary pricing – http://blog.123notary.com/?p=16504
123notary’s comprehensive guide to getting reviews – http://blog.123notary.com/?p=16290
Everything you need to know about writing a great notes section – http://blog.123notary.com/?p=16074
10 tight points on loose certificates – http://blog.123notary.com/?p=15449
Notary journals from A to Z – http://blog.123notary.com/?p=8348
Notary Seal information from A to Z – http://blog.123notary.com/?p=8337
Signing Agent best practice 63 points – http://blog.123notary.com/?p=4315
Borrower Etiquette from A to Z – http://blog.123notary.com/?p=2995
Backdating from A to Z – http://blog.123notary.com/?p=2424
Mobile Offices from A to Z – http://blog.123notary.com/?p=535

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April 10, 2018

Document dates, signature dates, rescission dates and transaction dates

As a Notary, you will undoubtedly be confronted with a variety of dates that all need to be clearly defined in conversation so as not to confuse yourself or the other party. Let me sum these up.

Document Dates
The document date is NOT necessarily the date the document is notarized. It is merely an arbitrary date normally created by the document drafter that might reflect the date the document was drafted, supposed to be signed, supposed to be notarized, or some other arbitrary date. There is no rule for when a document date can be.

Signature Dates
The signature date of a document is the date it was signed. If you have two signers signing on different dates, you might have what 123notary calls “a double date.” There are multiple questions involved in a double date. One is how do you date the rescission document if the date you signed a document is more than one date. The other far more important question is — who pays?

Rescission Dates
The rescission date is based on a date that comes CALENDAR three days after the transaction (= signature date) not including Sundays or Federal holidays. If you have two signature dates, you might have two rescission dates, one per person. But, if there is only one rescission date, it probably is based on the last signature (complicated.)

Transaction Dates
This is more of a glossary type term or test term. The transaction date is the date when the transaction happened which is based on the date of the signature. I ask people what the synonym is for a signature date to see how much they read.

Medjool Dates
If you go to a signing for health conscious people or Saudi’s, after the signing, you might get yet another type of a date — a Medjool date. These dates are typically grown in the Middle East, but also in parts of Arizona near Yuma

Hot Dates Q&A
If you steal a document, would the date on the document be correctly defined as being a “hot date” since it was technically stolen?

Dates and Journal Entries
A good Notary does more than his/her state’s minimum requirements for journal entries. There is a field in your journal for the name and/or description of the document. A good journal also has an optional field for the document date. I suggest you pay attention and write in the document date as it helps to identify a particular document and distinguish it from a different document with the same name signed by the same person. Sometimes the document date is the only way to tell them apart.

Dates and Notary Appointments
I once went to a Notary appointment with a date. I left the date in the car and came out $30 richer. She complained that I left her in the car too long, which is good, because that date would expire at midnight.

Please also read our previous article on the same topic. Read more…

You might also like:

Notary Public 101 Certificates!
http://blog.123notary.com/?p=19502

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

Backdating from A to Z
http://blog.123notary.com/?p=2424

5 books every notary should own and read
http://blog.123notary.com/?p=3668

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January 13, 2017

The Notary Train

Filed under: Humorous Posts — admin @ 12:44 am

Welcome aboard the Notary (choo-choo) Train.
Today is going to be a busy day. We are traveling from Fort Stockton, TX to Tuc (choo-choo) son today. I wish you all a very nice trip. And since this is The Notary Train, if you need anything Notarized, you are in luck. We have in-house or in-train Notaries commissioned in Texas, New Mexico and Arizona just waiting to (choo-choo) help you.

10pm

ATTENDANT: Welcome aboard. May I see some ID please?

RALPH: Here it is. It is an official TX Driver License.

ATTENDANT: I’ll need a blood sample too.

RALPH: I thought you’d never ask. But, I don’t give that out to strangers. But, how about a thumb print?

ATTENDANT: A right thumbprint will do. I was just kidding about the blood samples. After all, a simple retinal scan would be just as good.

12:10am

RALPH: Hi, I need this document signed. And can you backdate?

TX NOTARY: Umm, isn’t that illegal?

RALPH: Never mind. I’ll ask the other Notary. HEY, I need this document Notarized.

NOTARY #2: When do you need it done?

RALPH: Yesterday!

NOTARY #2: No problem, we are about to cross through a time-zone change on our way to El Paso. Once we have passed it, it will be yesterday.

RALPH: So, you can backdate?

NOTARY #2: I won’t have to. In the mean time, let’s get some Notary snacks at the snack bar. How about a crepe with chocolate sauce that is dispensed from a leaky Notary Seal?

RALPH: Cool. Can I get bananas too?

NOTARY #2: Yes, but you cannot emboss them.

RALPH: Oh, too bad. So, who pours the tea around here?

NOTARY #2: Oh, we have an official TEA agent do that along with transporting blood samples.

RALPH: I love this train. I love it even more when you take a plane ride and arrive at your destination before you left your departure point. That’s a real brain teaser.

TEA AGENT: Can I offer you some tea, or a blood sample?

RALPH: Oh no, I stopped being a vampire years ago.

TEA AGENT: I didn’t, now you know why I love my job so much!

SALLY: Why is this train taking so long? I hope we get to Tucson before my commission expires.

TEA AGENT: Your commission never expires on The Notary Train baby! It’s good for life! By the way, you have a pretty neck.

SALLY: What kind of a psycho are you? Oh getting a phone call.

CALLER: I am trying to track down a particular Notary who did a signing for me in 1968.

SALLY: Well, on The Notary Train, we have lots of tracks if you want to do some tracking. But, you might have to call the Secretary of State. Good luck!

RALPH: I just love The Notary Train. It’s the only Notarial entity that is commissioned in one county and expires in an entirely different one. That’s a great concept — almost as good as reverse time travel.

NOTARY #2: Okay Ralph. Time to do your notarization without backdating. It’s 11:30pm Mountain Time on the 3rd now. Whip out those documents! It’s party time!

RALPH: Okay, let’s do the deed — I mean sign the deed. By the way, why is that guy staring at my neck still?

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You might also like:

Notary Airport
http://blog.123notary.com/?p=17062

Notary Zoo
http://blog.123notary.com/?p=15994

A Notary sees a UFO
http://blog.123notary.com/?p=19929

Notary space station: In space, nobody can hear you sign!
http://blog.123notary.com/?p=18920

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December 20, 2016

The Universal Residential Loan Application — AKA, the 1003

The Universal Residential Loan Application is a common loan document. Also known as the 1003, this document is very disturbing to the borrowers as it contains routine errors in its personal information about the borrower. This document goes over where the borrower is from, their age, where they went to school, what their income is, and social security number. It is very common for the clerks who create this document to make a plethora of mistakes.

There is often a blank page on the 1003 that says, this page intentionally left blank. That bothers borrowers as well. Some like to put a diagonal line through that page.

Backdating. Sometimes the 1003 is backdated or the lender will leave instructions not to date it at all. Why? Because the borrower, most likely, has submitted a more user-friendly form to the borrower, of which contains the same information that the 1003 does. At a closing you are often pretending that you are signing the 1003 when the borrower filled out an earlier version of the application several weeks prior to the signing. As a Notary, just don’t backdate Notary documents. But don’t worry, this one is not a Notary document, and you aren’t backdating, the borrower is.

Signing and initialing. There are different formats for the 1003. Many of the pages have one-centimeter initial lines in the bottom right corner. Keep your eyes peeled, as the different formats of this document have different arrangements. On some variations of this document, one of the pages is blank for the most part. Sometimes, you will need to have the borrower initial and sign the same page (which seems strange). Sometimes the initial lines aren’t easy to see. Sometimes you initial on top. Just make sure to check the document through and through. If you are not sure if a particular document needs an initial, it is generally a good idea to have the borrowers initial it. When in doubt, initial.

The good news is that the information in the Universal Residential Loan Application is not binding. Just make sure that the information in your Closing Disclosure or HUD is correct because that is final and binding information.

To learn more about loan documents, you can visit our free online 30 point course which goes over all of the major loan documents in a loan signing.

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You might also like:

Index of information about documents
http://blog.123notary.com/?p=20258

The 30 point course – a free loan signing course
http://blog.123notary.com/?p=14233

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