Under the theory of "nunc pro tunc", is it legal to create a deed to replace one that was lost seven years earlier and never recorded and in fact may have never even existed, and to sign and notarize it today but to date the document and notarize it with the original seven year old date? In essence, can you sign today and back date your signature seven years ago at the direction of the Notary, who is an Attorney as well? Or must you indicate that the signature and notary is "nunc pro tunc" , effective THAT date but signed on THIS date?
Landlord / Tenant Lawyer
You cannot replace a deed that never existed. The grantor is required to execute the deed. The execution of the deed must be acknowledged. An acknowledgement is a statement pursuant to oath that on the day indicated the grantor executed the deed in the presence of the notary public. The notary signs and applies the stamp and seal. Notary licenses are renewed on four year cycles. The current notary stamp would not exist seven years ago.
The deed cannot be filed without proper additional real property transaction forms.
I do not know your relation to this transaction, but you seem concerned about the potential of fraud and getting caught in participating in a the event. Unless this event was ordered by a court and there is a judicial decree to execute the deed nunc pro tunc, then this may not be a proper document
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
Criminal Defense Attorney
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
You can not put a date in the document other than the date it was signed and notarized. Consult with a real estate lawyer to assist you.
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