I’m looking at docs for a buyer signing scheduled for tomorrow, the 20th.
These docs were uploaded on the 17th.
A title affidavit signed by the seller was predated the 20th. And the notarial certificate attached to that affidavit is also dated for the 20th.
I’ve always understood that the rule prohibiting predating a notarial act is universal.
Is that incorrect? Do some states allow predating? Does the date of the act really matter, so long as the notary witnesses the signing?
I have seen that mostly from small TCs on either Buyer or Seller packages. I think it’s most likely due to not thinking it thru and just handling the paperwork the same way they would if both parties were present and closed in their office. I just cross out/initial wrong date in N. Cert. and write in correct date. None have ever complained (or said ‘thanks’).
Didn’t really answer the question you asked as I don’t know, but also believe that “N. Cert. is always dated when parties sign” is the universal rule.
I’m not aware of any states that forbid filling in some of the blanks in the document or the notarial certificate in advance, such as the date, state, county, or name of signer. In the case of an acknowledgement, the signer can even sign ahead of time.
What must be done at the time of the signing:
In some states, the seal isn’t required at all, or may be applied before the signer signs.
The reason it’s ok to fill in the predicted date of the signing in a notarial certificate before the date of the signing is because the notarial certificate isn’t official until the notary signs it. It’s much like a secretary preparing a letter for the boss’s signature; the letter isn’t official until the boss signs it.
Filling out docs and certs in advance is one thing - filling out a notarial cert on the 17th and completing the notarization on the 17th but dating it the 20th is, IMO, incorrect…and may be just as illegal as backdating.
@judikidd Great question. 
As I understand it, this is a SPLIT Signing. You’re providing your professional services today with the Buyer(s), but your query is specifically about the date on documents the Seller(s) & previous notary/professional signing agent [PSA] executed on 17JUN23, but dated for 20JUN23.
WoW~ That’s a FIRST!
You’re not asking about pre-filling in dates on your documents prior to your signing today.
SHORT ANSWER: Those documents, as you’re inferring, SHOULD be dated on the actual date they’re executed: 17JUN23.
I’m uncertain why anyone at a Title/Escrow Company [T/EC] (or anyone else) would instruct the signers & PSA to date it differently from the actual signing date.
Of course, I’m cognizant you’re already aware there’s NO reason under any circumstance that anyone would alter the Notarial Certificate of the Seller(s) package that a different notary/PSA already executed.
Certainly, I wouldn’t cross anything out on the 1st signing Notarial Certificate. Thankfully, your Notarial Certificate is dated correctly, so no need for a correction.
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Your question of is there a State the signers & the PSA would predate to reflect the date of the transaction close, instead of the actual date of the signing . . .
In my direct experience of executing many Split Signings from MULTIPLE States over the years, when performing the 2nd signing, the previous signers (usually the Seller(s)) always dated THEIR documents on the date executed.
I’ve never seen it happen any other way.
So, the Seller(s) package that you received in preparation for your Buyer(s) signing, in my experience, would be an anomaly.
As those predated Signature Blocks and Notarial Certificates were executed at the previous signing on 17JUN23, it would fall outside the purview of my responsibilities. I’d just attach a Post-It Note to the first page of the returning package noting the date discrepancy from the actual date executed by the previous signers. It’s the T/EC responsibility to coordinate and facilitate with the the previous signers, as you’re already aware.
Also, when executing a Split Signings as the 1st signer, I’ve always dated, as required, on the date of the actual signing.
Why are you worried about what the Seller did? You are performing a notary signing for a Buyer, not a Seller. Do not sweat the small things. Do a good job, and you will be considered for future assignments.
@notaryoncall Hmmm . . . looked as if she was simply asking a sincere & genuine question (see above).
Presumed it stood out to her because it was a unique scenario in her experience & it would have been in mine as well (as I indicated above):
It’s always a good idea to ask questions here about things that are new to us (regardless of how much experience one has), because it further expands the understanding of our work, can identify how the regulations & guidelines differ from one state to another, and are a way to further develop a sense of community & be supportive of one another. 
Yes, you understand my question perfectly.
I found those affidavits to be startling (there were two), because I had never before seen this happen. The rule, as I understand it, is that a notarial certificate (and supporting journal entry) is always dated for the day the signing was witnessed, not several days in the future.
However, laws have changed in many states. Hence, my question to my peers:
Has anyone else seen this situation, and is it accepted notarial practice in any state?
I would never alter another notary’s certificate - that would be unforgivable.
Needless to say, in my portion of the split signing, my notarials acts were dated for the day on which I performed them.
Thank you for your cogent response!
I agree, the date on the finished, signed notarial certificate must be the date the notary performed the notarial act, which may be taking an acknowledgement, administering an oath, or something else. I’ve never heard of any state that allows anything else.
If it is RON, it may be worth mentioning it should be the date in the notary’s time zone, which could be different that the time zone of the place where the signer is located, and may be different from the time zone the server that handles the signing is set to.
Let me explain my comment about predating of documents. I live in Florida. Notary rules are different from state-to-state. If you have questions about a Seller document you should reach out to the title company T/C if it is a lender document you should reach out to the buyer’s Loan Processor.
ln the world of loan signings, the Seller is always the first to sign. The buyers dates can sometime change on the loan side because things happen such as a contractor lien shows up last minute, or the title company received a document that requires further processing.
l am a real estate agent, 27 yrs, and a title closer or signing agent for 22 yrs. Unless l am notarizing both sides of the transaction, it does not matter what the date is on the seller package because 90% of the time the seller will sign first. It is rare to have both parties sign on the same date. Always check with you Notary Association or Title Company, this is how you learn.
Hi Judi ~ when I was managing Notaries in many different states and as well known laws vary by state, I would reach out to National Notary Assoc. and ask my questions. They have a research department that is very helpful but at times take a day to respond with answer. At this time would also like to say I’m seeing very sloppy work come out of some title companies like they hired a whole bunch of newbies. Not sure if others are seeing the same thing.
Yes, sloppy work is becoming common. It’s a cycle, isn’t it? Times get tough, title companies let experienced people go - things pick up and they hire newbies at lower salaries.
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