Thus, the FDIC and Weatherford could have made their transaction retroactive, but they didn’t document the deal clearly enough to do so.

The appellate court then considered whether, assuming that the FDIC/Weatherford transaction was retroactively effective (which it wasn’t), the retroactivity of that transaction had any legal effect on the transaction between the FDIC and FH Partners.

However, where a contract is ambiguous with respect to its effective date, the absence of an explanation for a retroactive effective date, and evidence that the parties had not agreed to the material terms of their contract as of the purported retroactive effective date, are relevant considerations in resolving the ambiguity.

Even if a transaction is given retroactive effect as between the parties, it’s unlikely that the same will be true when non-parties are involved.

It’s often difficult — maybe impossible — to conceive of all the non-parties who could be affected by a transaction, so it’s non unlikely that there will be unintended consequences that won’t be cured by backdating a contract.

Due to this ambiguity in the contract documents, the trial court was permitted to look at the evidence of the parties’ intent outside of the documents, and it found that the FDIC didn’t acquire an interest in the loan until June 2009, regardless of the stated effective date in the main agreement.

The appellate court affirmed the trial court and stated: The law does not support the blanket conclusion that a retroactive effective date in a contract is only enforceable when the evidence demonstrates that the parties had agreed to the material terms of their contract as of the retroactive date.

The trial court granted the defendants summary judgment, holding that FH Partners didn’t own the loan and so it couldn’t enforce it.

On appeal, the Missouri Court of Appeals, Western District agreed. F8660_fbz_button[type="button"]:hover, .ezoic-wrapper . F8660_fbz_button[type="button"]:active, .ezoic-wrapper . However, he rarely adds that he actually ended up losing that trial, which brings us to my second point – even though the law generally deprecates the backdating of documents, the legal consequences of backdating are highly variable.This article will try to unpick the various legal threads of when you can and cannot backdate documents, and what the consequences will be if you do. F8660_fbz_button[disabled=disabled], .ezoic-wrapper . F8660_fbz_button[type="button"]:disabled, .ezoic-wrapper . F8660_fbz_button[type="button"]:disabled:focus, .ezoic-wrapper . F8660_fbz_button[disabled]:disabled, .ezoic-wrapper .