Question about back dating a certificate

I was reading something from the NNA and had a question for our seasoned notaries… the article states…

“ Many documents you are asked to notarize are time sensitive, especially real estate documents. Sometimes a Notary will be asked to back-date”

I understand that when we are signing and in the presence of the borrower we should NEVER backdate the notarization; however……

Is it considered backdating if it is missed at the time of notarization and you get a call from the TC asking you to provide a certificate (backdated to the date of the original appointment that you missed) and email them a copy and overnight the original.

My first thought here is - as to this - " provide a certificate (backdated to the date of the original appointment that you missed) and email them a copy and overnight the original." - you NEVER do that. You ask for the original document back first - never never send a loose signed and stamped cert back to them without it being attached to a document.

To address your specific question of backdating - in Florida it’s a no no - if it’s discovered after the fact, a revisit to the signers is required and a new cert issued with the current date.

For the Lenders it’s my understanding that you do not “attach” it however in AZ it has wording that is mandatory that you reference the document that it is attached to to avoid fraud.

But I get your point.

I should have said “incorporated with the document”…sorry…bad choice of words - although in CA it MUST be ATTACHED - literally

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In Oklahoma we can attach an “All Purpose Acknowledgment”. When it comes to going back to retrieve more signatures or fix corrections. On this form we name the documents in which we are referring too.

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Hey @donaldsonnp, My 2 cents here (great right?) I personally don’t back date anything, regardless of the circumstances, my fault or not, whether allowed in my state or not. I don’t get many requests requiring such, so if I do, I just decline, or take the hit and go back (in your case). Attaching a certificate is the simple act of filling one out and adding a staple. I personally don’t get that “warm and fuzzy” feeling just by adding a staple. As @vizionzmobilenotary stated, (if allowed in your state), all purpose acknowledgements are the next best thing, because you can record the document name/document number/signer name on the acknowledgement, but I know not all states allow it’s use. This way, if the acknowledgement “mysteriously” gets separated from it’s intended signed document, it clearly states on it what it “should” be attached too. I actually had the same request as you 2 years ago, but they told me I could simply just give them written permission to add it on their end or just redo it. I chose to get in the car. I just don’t get them enough to humor the risk. On a side note, we all know SOS laws are deep. Take witnesses for example. In my state, a notary can not be a witness in the same transaction they are there to perform notarial acts for. BUT… if the state the document is being recorded in allows it, then I can do it. Maybe the same applies here (just a thought). Bottom line… Protect you!

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Hey, don’t y’all mark on an otherwise “untitled” acknowledgement or jurat with what the certificate is for, that is, what document it relates to? For example, I use convenience stamps (e.g. Deed of Trust, Signature/Name Affidavit, Correction Agreement and many others) and if a notarization is not part of the actual document, but is completely separate and not “named” for what it ties to, I stamp it accordingly or write it if necessary. I’ve never been called on doing that. Do I have it wrong?

@Bobby4913 no…you’re correct. I was addressing the question of “do you provide a cert after the fact dated back to the original signing date” … That answer is “no”.

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This has never happened to me… FYI… I was asking a general question… thanks for sharing your perspective