View Full Version : How do you know if a document was altered before or after it was notorized
rednekmom
Feb 11, 2013, 07:33 AM
On a notorized document, can the date that is was signed be crossed out and a new one wrote in ?
Can the type of document be crossed out and a different one be wrote in ?
ScottGem
Feb 11, 2013, 07:45 AM
If a document is physically altered then the signators need to initial the alterations. The notary may make note that the alterations were made before applying the seal. If the alterations are not initialed by both signators they are not valid. However, if the alterations are initialed, even after notarization they are still valid if the initialing can be proven.
Fr_Chuck
Feb 11, 2013, 08:11 AM
Also a notary is just a legal witness, it does not make it any more or less legal, just required for some documents by law.
What type of document, what type of changes were made, how did it effect the agreement
rednekmom
Feb 11, 2013, 09:27 AM
First, thank you for your time.
It is a DEED OF TRUST on property bought.
On the last page... "ACKNOWLEDGEMENT" page, its dated 9th of Feb.
Then where it is notorized, it first said.. "SIGNATOR PAGE OF" this is crossed out and.. "DEED OF TRUST WROTE IN"
Then where it says "DOCUMENT DATED, 2/9 is crossed out and 2/8 is now wrote in.
So correct me if I am wrong but it now says it was notorized the day bfore it was wrote. Right..
Again, Thank You
rednekmom
Feb 11, 2013, 09:32 AM
if a document is physically altered then the signators need to initial the alterations. The notary may make note that the alterations were made before applying the seal. If the alterations are not initialed by both signators they are not valid. However, if the alterations are initialed, even after notarization they are still valid if the initialing can be proven.
Thank You so much, yes your respnse defintly helped.
To be more specific..
On the Acknowledgement page of a "DEED OF TRUST"
It is dated 9th day of Feb on the top of the page, then at the bottom where it gets nortorized,
Title or type of Document... it says signature page, then that is crossed out and Deed of Trust is wrote in,,
Then Document dated, 2/9/... is crossed out and.. 2/8 now wrote in..
Wouldn't that mean it was notorized day before it was signed and filled out ?
ScottGem
Feb 11, 2013, 11:06 AM
Without seeing the document I can't be too sure. But since this appears to be recent, go back to the notary and have them indicate. But, again, any physical corrections to the document need to be initialed by the signers.
dontknownuthin
Feb 11, 2013, 11:21 AM
I am a notary. I can help you understand the purpose of the notarization of a document. In short, a document is signed by all parties in front of the notary as proof that they all agreed to the document as written at that time. A notary may not pre or post-date a document. That is, if they actually sign it on 2/8/2012, they must date it 2/8/2012. A notary may not, either, notarize a document that was not signed in front of them.
So, if Dave signs a document at home, his wife may not bring the document to the bank to have his signature notarized. Whomever is signing must appear in front of the notary, sign it in front of the notary, and the notary must notarize in front of the signing parties.
Once notarized, a document cannot be altered. A new document can be drafted to replace it but it must be notarized as a new document.
The whole point of notarizing something is to prevent someone from changing or altering a docunment after it is signed, or forging a signature for someone else.
As a notary, I would not be willing to notarize a document like you described. If the changes were initialled in front of me and the documents signed in front of me, I might, but I would note this irregularity in my notarial journal in case I was ever called into court on the matter. I would, however, recommend and possibly even insist on a new signature page being printed for notarization so it could be done without these irregularities, with the old page destroyed.
It is important to know that notaries do not generally even read all the pages of these documents or evaluate whether they are fair or reasonable or comply with the law. The only role of the notary is to ensure that the signatures on the documents are valid by checking to make sure that the person signing is properly identified and that they are actually the person signing the document. For this reason, unless we personally know a signing party, we must obtain identification such as a driver's license. We do not have to ask for identification if we are notarizing something for a family member of ours or a personal friend, only because we have direct knowledge that they are who they claim to be.
With real estate documents, requirements are more strict for notaries than for other types of documents. For example, we must maintain a particular type of log to document real estate notarizations.
A lot of notaries cheat the rules, particularly when they work for the signing parties and feel pressured to notarize things improperly. Nevertheless, if it's done improperly, it's not legal - the notarization is not valid if done improperly.
I hope that helps.
AK lawyer
Feb 11, 2013, 01:10 PM
First, thank you for your time.
It is a DEED OF TRUST on property bought.
On the last page..."ACKNOWLEDGEMENT" page, its dated 9th of Feb.
then where it is notorized, it first said.."SIGNATOR PAGE OF" this is crossed out and .."DEED OF TRUST WROTE IN"
then where it says "DOCUMENT DATED, 2/9 is crossed out and 2/8 is now wrote in.
So correct me if I am wrong but it now says it was notorized the day bfore it was wrote. Right..?
Again, Thank You
If 2/9 was crossed out after the document was notarized, and 2/8 was written in, yes, that would appear to be the day after it was written.
And yes, the effect of this alteration of the document would be to possibly bring the entire document into question. At some point the parties present at the signing might have to be brought into court to testify as to what actually transpired.
dontknownuthin
Feb 11, 2013, 04:27 PM
And if the document is dated after the date it is notarized, the document is probably invalid - the notarization is for sure.
LisaB4657
Feb 11, 2013, 08:50 PM
Back up a minute... was the date of 2/9 handwritten or printed as part of the document?
Most of the time banks will produce closing documents with the dated pre-printed in the forms. However if the signing occurs on a date other than the pre-printed date then the notary was absolutely right to correct the date in the acknowledgement. For example, if this was a refinance scheduled for 2/9 and the parties got together on 2/8 to sign, the notary would have to notarize as of 2/8, and if the document was pre-printed for 2/9 then the notary would have to correct it.
Documents often get signed before they are scheduled to take effect. Pre-signing does not make them invalid. We need to know more about your situation before we can tell you if this was valid.