Posted by Sylvia_FL on 7/21/05 12:56pm
Msg #53612

Copies of drivers license etc

I am still trying to figure out why SS want a copy of a signing agent's drivers license. As a SS I never ask for it as I see no need. But I keep hearing about SS that ask signing agents for a copy of their license, and won't use them if they don't get it.

It doesn't seem that long ago that a signing agent had her Identity stolen after giving a copy of her drivers license to a signing service.

A signing service needs a copy of your commission and a W9.

I also do not believe in those "non-compete" agreements, first they usually cannot be enforced as we are independent contractors and no company can prohibit us seeking work anywhere we want to. Plus, a title company often uses more than one signing service, so if that title company calls you direct, who are you supposed to tell them to call to obtain your services, you could have a non-compete agreement with both signing services they use.

If a title company calls you direct, you should have no problem accepting. Dollars to donuts if they are calling you direct then they do not want to go through the signing service for some reason - maybe they are unhappy with the signing service. And you can bet if you turn them down because of a non-compete agreement, they will just go direct to another signing agent.

So, only be prepared to give the signing service proof of your commission (which does not require a copy of your seal!), and a W9 - and get an EIN number. Less chance of identity theft.

Reply by Sam I am in CA on 7/21/05 1:18pm
Msg #53618

I have a theory on why they ask for copy of photo ID and birth date. Hopefully - I am wrong. I think they ask so they can see if we look professional and old/responsible enough to be privy to the borrower's financial information.
I think if you were just 18 and looked like a gang-banger, you'd never get a chance to prove your competence to these SS. Like I said - I hope I'm wrong...

Reply by CarolynCO on 7/21/05 1:25pm
Msg #53623

**I think they ask so they can see if we look professional **

And the photo on all of our drivers licenses we want to frame on the wall because it is such a good likeness of us.

Reply by JanetK/CA on 7/21/05 1:29pm
Msg #53626

LOL!!!! So true!!! nm

Reply by Houston on 7/21/05 6:18pm
Msg #53731

when notaries something do you have to use surting ink

Reply by BrendaTX on 7/21/05 9:43pm
Msg #53769

What's surting ink??Never heard of it, so I guess not. n/m

Reply by CarolynCO on 7/22/05 8:22am
Msg #53844

Re: What ???? nm

Reply by MarleneM/USNA on 7/22/05 8:33am
Msg #53846

Re: "certain ink"

Maybe someone in TX can help you now!

Reply by HisHughness on 7/21/05 10:38pm
Msg #53786

Sylvia asserts:

***I am still trying to figure out why SS want a copy of a signing agent's drivers license. As a SS I never ask for it as I see no need.***

Sylvia, if I ran a signing service, I suspect I would be inclined to ask for drivers licenses. We may be independent contractors, but there remains a question of agency. We are carrying out a task for a principal, and there may be certain expectations of the principal who hires us.

For example, I think it would be gross negligence if an SS hired a convicted con man who has previously used real estate documents to defraud people. Likewise, it might be gross negligence if an agency hired someone with four DUI convictions who ran over the borrowers' 2-year-old daughter when he pulled into their driveway, and later proved to be drunk.

Even if an SS could establish that it had no responsibility in such a matter, you better believe that the lawyer representing the borrower is going to sue the SS, the title company, and the lender. He's going to be looking for anybody with deep pockets. So....even if an SS prevails in establishing that it has no liability, they STILL have to bear the expense of a $275 an hour lawyer to establish that. At least, if the SS asks for a drivers license, it has established that it practiced at least minimal prudence in its hiring practices; negligent employment is a big factor in such cases.

Reply by PAW_Fl on 7/22/05 7:21am
Msg #53829

Hugh, I disagree with your premise. A driver's license is not proof that the person has not be convicted of anything, including DUI. A driver's license, at least in Florida, means that you paid your fee, took a test at one time or other and are still in physical possession of it. That's it.

On the other hand, anyone convicted of a felony, should have their commission revoked.

Finally, if a signing service includes the requirement to courier documents, then I would have to refuse the signing as I do not have a commercial operator's license. Now, if the SS or title company only require that the signing take place at the given time and location, as agreed to by the signers, then there is no requirement that a courier service be employed. How we get to/from the appointed place of signing is not their concern, only the the job as hired, gets completed.

You sound more and more like Dennis when you try to use the ploy that if the SA is in an accident, then a good attorney will seek out the deep pockets. I submit that it makes no difference if a SS has a copy of my DL, it will still happen.

So, again the question arises, what is the underlying and real purpose that signing agencies want our driver's licenses? What do they think it accomplishes?

Reply by HisHughness on 7/22/05 9:47am
Msg #53858

PAW takes life in hand and disagrees:

***You sound more and more like Dennis when you try to use the ploy that if the SA is in an accident, then a good attorney will seek out the deep pockets. I submit that it makes no difference if a SS has a copy of my DL, it will still happen.***

1. The drivers license is proof that the signing agent HAS a drivers license, and that the SS is not hiring an unlicensed driver or one whose license has been revoked.

2. Licenses are suspended in many states upon conviction of a DUI or any other serious driving offense. In Texas, for example, licenses are suspended for six months if you refuse to take a breath test -- regardless of whether you have been drinking.

3. Asking for a drivers license displays at least minimal caution on the part of the hiring SS and that could well be all that is required to defeat a tort claim.

4. Finally, it is specious to assert that because a commercial license is required because you take documents to a closing. That's like contending that because you take a briefcase to work every morning, you need to be commercially licensed. For closings, you are transporting yourself and materials that are incidental to the transaction you are engaged in.

Again, prudence probably dictates that the wise SS should ask for a drivers license.

PAW, I have been deeply hurt many times in my life by the things people have said about me. But never have I been wounded so badly as when you said "You sound more and more like Dennis..." You could have said something a little nicer, like "You sound more and more like a pimp, Hugh."

Reply by PAW_Fl on 7/22/05 11:01am
Msg #53881

>>> PAW, I have been deeply hurt many times in my life by the things people have said about me. But never have I been wounded so badly as when you said "You sound more and more like Dennis..." You could have said something a little nicer, like "You sound more and more like a pimp, Hugh." <<<

Just wanted to be sure I got your attention!

Reply by PAW_Fl on 7/22/05 11:05am
Msg #53883

>>> 1. The drivers license is proof that the signing agent HAS a drivers license, and that the SS is not hiring an unlicensed driver or one whose license has been revoked. <<<

Why does a signing agent have to have a driver's license?

>>> 4. Finally, it is specious to assert that because a commercial license is required because you take documents to a closing. That's like contending that because you take a briefcase to work every morning, you need to be commercially licensed. For closings, you are transporting yourself and materials that are incidental to the transaction you are engaged in. <<<

That's my point. Carrying the docs is incidental. Requiring a Signing Agent to transport the documents, by contract, and requiring them to have and maintain a driver's license means that "driving" is a part of the job and therefore a commercial license would be required. (Just ask my insurance agent!)