Posted by ej1 on 5/27/04 9:40am
Msg #2349
Agent having to furnish witness for borrower?
I am newbie and had the situation of the borrowers calling me an hour prior to the signing stating that they could not get the witness the was needed. I asked them to check with their neighbors and was told, "No, I don't want my neighbors knowing my business", and then, "Why don't you just bring a witness with you from your office"? I explained to them that I was a private contractor that was assigned by the signing service/lender in the area to come out to do this and that I would have to check to see if I could find anyone but that I could not promise that I could find one in time for the signing. He also (within hour of the signing appt.) wanted to reschedule for an hour later which since I wasn't rushed for time could do but what would or have you all done in situations like this when you have had to locate another person as a witness? I ended up having to pay someone $20 to go along and witness. I called the signing service to let them know of what was taking place and updated them of the time change of appt..(had to leave on a voice mail) but got no response back from them until 4 hours later when I called to give them the status of the loan signing completion and was told that because it wasn't approved (the extra witness) that they would not agree to pay for it (the extra $20). I did let the signing company know that I would in the future have a document for the borrowers to sign if this did occur in the future and would submit the additional fees and would expect payment for the added cost.
Would like to hear your constructive comments. Thanks!!!
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Reply by Ogdoad on 5/27/04 10:19am
Msg #2352
1. What state do you live in? Why can't you witness the document yourself?
2. Assuming there must be a third party witness, hey-it's not your responsability.
3. If you continue to pay someone to act as a witness, well I'm sorry, that just makes you a sap.
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Reply by ej1 on 5/27/04 10:30am
Msg #2354
in my state I am one witness but an additional witness must be there also. that was stated to the borrowers when I called to confirm the signing appt. Yes, I know that it isn't my responsibility to furnish the extra person for the signing but my question was, WHAT DO THE MAJORITY OF YOU DO WHEN THIS SITUATION ARISES???
I may be a sap sometimes but.. in this situation (not making a habit of it) I did furnish the extra person and yes, did pay them...but.. what would be your suggestions as far as handling this scenario????
I try to work with the signing companies, borrowers and lenders to the best of my abilities but I know that I want to get paid for my services as agreed but any additionals should be compensated for also.
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Reply by Lawrence Goodwin on 5/27/04 12:13pm
Msg #2361
Sap? No, your no sap. you did the right thing, however, might I suggest that you advise the SS that it is NOT your responcibility to furnish a witness and that you will add an additional $25.00 for that service.
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Reply by ej1 on 5/27/04 4:05pm
Msg #2386
Thanks Lawrence! She had a fuss when I told her that I was going to charge her for it. Said something about she had never heard of such a thing in all her years of dealing with agents! I told her at that point that well, It isn't my job and IF I ever run into trouble again in the future with any of my borrowers having that same problem that I am going to have a form for them to fill out and that will be sent along as an itemization and I would expect payment in full. Then I asked her why I hadn't recieved a call back from her or someone in her signing agency when I needed to ask questions. She informed me that she got back with me as soon as she could. With that, I answered, you didn't... I am the one that finally am able to get ahold of you after the fact when I needed to discuss the matter. suppose the situation would have been that I couldn't and the borrower couldn't have found anyone??? She didn't want me to call the lender if I had any problems.. she wanted contacted first! Guess the way I see it.. I would have went ahead, if not able to contact her and the time constraints were running out that I would have had to go ahead and contact the lender and let them know personally. Right? I really try to follow the 'chain of command' but when push comes to shove and a borrower needs to get papers signed... hmmm and in order for me to get paid.. need to do what cha got to do!
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Reply by Lawrence Goodwin on 5/27/04 4:30pm
Msg #2390
Most of the signing services I deal with dont know that I have already had dealing with the lenders. (from my appraisal years) I have no quams about contacting them if I cant get hold of someone in the signing office. The lenders name is always sent to me with the instruction sheets. I love it when I look to see who the loan officer is and can say Hey, I know this guy/girl.
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Reply by ej1 on 5/27/04 5:12pm
Msg #2393
Well the way I hve figured it now is that IF I have tried during a situation to contact the company who signs me and they do not respond back in an emergency situation or when I need immediate answers or help that IF I cannot not move forward with the signing, I have no choice but to do what I was contracted to do, take care of the assignment no matter the outcome. If a SS wants to yell and scream that I did what they did not want me to do well, they need to become more efficient and then we won't have to go over their command and call the lenders.
What the heck??? after all, the majority of the time, if borrowers want to speak with them, that is what has to be done anyways.
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Reply by Anonymoust on 5/27/04 7:35pm
Msg #2399
Don't return the documents
I would have said...well, if the extra witness is not valid then there is no need to return the documents. I would eventually send them back but not until after the recission period is over.
What is the name of this signing company so we know to avoid them?
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