Reference for Bava Metzia 25:3
נחזי אי בשטר הקנאה הא שעביד ליה נפשיה אי בשטר דלא הקנאה ליכא למיחש דהא אמרת כי ליכא מלוה בהדיה לא כתבינן
But if this is so, [how do we understand] our Mishnah, which teaches that, IF THERE IS A CLAUSE IN THEM MORTGAGING THE DEBTOR'S PROPERTY, THEY SHALL NOT BE RETURNED, and which has been explained as dealing with a case where the debtor admits the debt, and for the reason that [the documents] might have been written to secure a loan in Nisan, while the loan was not granted until Tishri, and [the lender] would seize unlawfully the property bought [by others from the borrower during that space of time]? Why should not [the documents] be returned? We ought to see: If it is a case of a deed of transfer, then he has pledged himself [to let the lender have the property from the date of the deed]; if it is not a deed of transfer, there is nothing to apprehend,<span class="x" onmousemove="('comment',' We need not fear that he would have the document written before the actual date of the loan, as the Court would not allow such a document to be written. ');"><sup>2</sup></span>