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 Backdating - Here we go again
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360 Posts

Posted - 02/04/2007 :  11:52:36 PM  Show Profile  Visit Shannon's Homepage  Reply with Quote
Any company (title, signing, escrow or whatever) who does this is in fact, in violation of the law. Here in California, they are subject to a $750 fine (for each request) for even requesting such an act. If you comply, you will lose your commission. If you truly enjoy our profession, you want to get as far away from both of these companies as possible. Set your standards and do not compromise............
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New York
2 Posts

Posted - 02/03/2007 :  08:38:15 AM  Show Profile  Visit 7cns's Homepage  Reply with Quote
Backdating is clearly one of the most discussed topics on these forums. Last week I was dismissed/fired because I didn't allow a Title company to backdate my docs. Huh? 'my docs' I can hear you saying to yourselves. Let me explain. Here's the fact pattern.

1)I get jobs from the same SC (they love me and have used me 10x in last 2 months)
2)This SC pays me very well, generally on avg $200+ per signing. (Don't ask who I can't say under the circumstances, and besides I'm trying to get back in. ;-))
3)This SC has a TC that they get a lot of business from. I've worked for that TC 10x via this SC. Both SC and TC are very happy with my work quality and work ethic. I give 'em 120%.
4)I get a call from the SC to backdate some docs on my next signing. I say, "no can do." They're really insistant. I tell 'em I'm not comfortable with that at all. So the SC patches in (three way)the TC and the TC says well, "don't date the docs that don't have your seal, can you live with that? I say ok. Well the next day I'm at the table with the borr and I'm thinking 'if I let them backdate these other docs it gives the apperance that I did it, even if it's not my writing. Bottom line I punked up and dated everything on the day it occured.
5)I delivered the docs to the TC. 10 minutes later they call me spitting mad. Chewed me out. Obviously, I didn't keep my word. And that's a good reason to be mad, but...
6)I speak with the SC about 20 minutes later. I say, "Look I'm sorry," they interrupt me and say, 'it's ok, it's not your fault, we understand your predicament, but we can't use you anymore the client is really mad you didn't keep your word. This loan may not fund and folks won't get paid.'
7)So the SC is not mad with me at all and have told me that they still want to use me.

So those are the facts. Here are the questions:
I've read on several posts that non recorded docs (ie non-notarized) can just about have any date.
I know I said I woudn't let them (the TC) back date "my docs". I know it's their docs but it seems to me they (the docs) are my responsibility. It seems to me that I am suppose to maintain the integrity of the transaction. It's one thing for me to comit a crime by back dating, and it seems to me that allowing someone else to do it with my name on the docs open me up to complicity. (the operative phrase is "it seems to me.")

So the questions are (for all you non-lawyers about to practice UPL (misery loves company ;-) ):
a) Is it complicity if I allow the TC to backdate 'my docs'?
b) And would I be liable if the dates are an issue later on?
c) Was it ok what the TC was asking of me? (ie to leave the dates off all non notarized docs)
d) Should I have handled this differently? I probably should have decided that I couldn't do it early enough for them to find someone who might be willing (but if I'm right I hope another notary wouldn't do it to themselves.)

Finally, it seems to me that something has to be wrong with 'it' if you have to ask me to do something outside of the 'normal routine.' My instincts said to me at the borr table, very loudly I might add: "You must be crazy, are you ready to jepodize your commission after 5 months of working at this NSA thing? This thing can bite you in the butt months or years from now. When in doubt - don't do it."
(add'l fact: I'm a newbie, I've done 120 signings in last 5 months, and I really enjoy the work, flexibility, etc.)

So, if I'm wrong I want to apologize to the TC and see if I can make a mends, though the SC says it's not likely. Now I realize also that in the position that they've (TC) taken (not to use me anymore) that they are punishing me, but I don't feel that way at all.... there are thousands of SCs and thousands of TCs and lenders out there I'm not dependent on any one company - that's one reason alone that I really love this business. The're not punshing me they're punishing themselves but not working with me who ha
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