Posted by Melanie~~MS on 8/18/04 8:44am
Msg #6238
URGENT~~Working Direct for Lenders vs Signing Companies
I need to know if the lender approaches me to work direct is that breaking the non-compete agreement? It is very important that I get this right, this is a current situation and I need to know whether I can accept or not. Also how much should I charge for direct work per signing?
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Reply by Lawrence Goodwin on 8/18/04 8:55am
Msg #6240
Melanie
Could be and not be, it depends on the agreement. and how would the SS know anyway?
I do signings for both, sometimes the title/lender calls or the SS calls for the same title/lender.
I say go ahead and accept the signing from the lender, mabe there is a reason they are by-passing the SS. boy! i'm sure I'm gonna hear from a lot of you on this one.
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Reply by Melanie~~MS on 8/18/04 8:58am
Msg #6241
Thanks for your imput. Review my file for this particular ss and do not see a Non-compete clause, therefore lender is fair game. I always keep copy of paperwork I submit to ss. Thanks anyway.
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Reply by Sylvia_FL on 8/18/04 10:27am
Msg #6245
Melanie
You did not contact the lender, they contacted you! Big difference!
You can bet that if you turned them down they would go directly to another notary, as they apparently do not want to go through the signing service
Go ahead and do the signing for the lender.
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Reply by CA_Notary on 8/18/04 1:44pm
Msg #6258
There has been some discussion in this group about the vailidity and enforcability of non-compete agreements, you may want to see if you can dig up some of those messages. If I recall correctly the consensus seemed to be that we shouldn't give much creedence to the agreements.
Obviously you want to do things right from an ethical point of view and not try to cut the signing services out of any business that they actually give you. But if the title company approaches you directly there is no ethical problem at all - you take the work and take the higher fee.
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