Backdating is both unethical and more importantly illegal including a prior date on the document can come back to haunt notaries later down the road a notary publics primary purpose is to bear witness to the signing of a document the notary watches as the client completes the documents and includes the date of the signing.
Setting aside such issues avoiding unwanted side effects of backdating contracts can be tricky especially when the purported effective date of an agreement is several months before the date it was actually signed as can be seen in fh partners llc v complete home concepts inc.
For legal documents that are executed by inter vivos trust borrowers lenders may change the signature block as follows in accordance with announcement sel201301 _____ trustee of the _____ trust under trust instrument dated _____.
Span classnews_dtnov 13 2011spannbsp018332contract law questionbackdating commercial loan documents disbursement of fundscommercial security answered by a verified lawyer contract law banks that backdate commercial loan documents assume the same bank issued a commitment to provide the permanent 30year mortgage at the conclusion.
Span classnews_dtapr 19 2010spannbsp018332although the document prepared by the law offices of david j stern and dated december 2007 showed that ownership passed to us bank in december 2007 the document couldnt have been prepared until 2008 ruled pasco circuit court judge lynn tepper last month.
For obvious reasons any request to backdate a document for these reasons should be flatly turned down however an explanation often given by the person wanting to backdate the document is that the document is merely meant to reflect an oral agreement that has already been made and that this is just a way of documenting it.
I recently notarized a mortgage signing in which one of the documents sent to the lender was misplaced the signing agency has asked me to contact the signers reexecute the document and notarize it for a past date or.
Span classnews_dtmar 06 2009spannbsp018332in my experience any backdating done is usually done by way of dating the contract itself the date the parties sign the document but expressing it as being with effect from an earlier date.
Span classnews_dtfeb 23 2009spannbsp018332posted by js newberry on 22109 302pm msg 278344 backdating documents today i was contacted by a signing service to have a signing with a local customer all of the major documents were dated november 20 2009 yesterday.