Posted by Paul2/FL on 6/9/05 8:24pm
Msg #43660

Missing doc - so says the Lender

Got a call today from a borrower who said that he spoke with his lender and the lender told him that I, his SA, didn't send back the RTC that his wife signed and therefore the loan is being held up. THIS IS B*****IT! Here are the facts... the doc package did not have an RTC or a TIL for the spouse. In fact, her name was not on any document because she was not on the loan. However, her name was on the mortgage so I knew she had to sign the HUD, TIL, & RTC so I made two copies from the original that had her husband's name on it, crossed out his name and printed the wife name for her to sign. I did this with the TIL as well. I doubled checked (I actually think I tripled checked this one!) to make sure everyone was OK before I sent it. I can't believe the Lender is saying that document is missing!
I tried to reach the Lender to find out what happened but he wasn't available so I left a voice mail.
Unfortunately, I'm on vacation right now and didn't bring my journal or other information with me in order to contact the SS I was doing this for. (I'll know better next time!)
I'm really upset because I try to make sure everything is going to go OK for the borrower before I send the package off. Has anyone run into a situation like this?

Reply by ERNA_CA on 6/9/05 8:36pm
Msg #43663

Not had the missing doc's yet. But had one borrower cancel because of outrageous fees and broker tried to blame it on me. Told title it was my fault. I didn't say a word to the borrower they already were outraged because of the fees and I knew they were going to cancel, but had nothing to do with me. Its so easy to blame the notary for missing doc's and canceled loans as we are not there to defend our selfs. Hope it gets sorted out, know how you feel.

Reply by db_IL on 6/9/05 8:38pm
Msg #43665

Had similar happen the one and only time I've been contacted with my "error".

Did a signing early FEB. Then two weeks later get call from SS saying I missed a notarization. This call came exactly 2 weeks later, while I'm on vacation as well. Didn't have my notary stamp/journal with me. That's what vacation is for right?

Anyway, I offer to have a colleague SA cover my mistake. The rep says they like one notary to do the whole package. I of course agree that is ideal, but ask if in order to expedite loan this 1 page could be addresseded by a different notary. Answer was no. They'll have to get another SA and start from scratch. I just settled for my $30 trip fee and ate the other $100 and still to this day wonder if I really messed up why it took 2 wks to surface. I may never know for sure. But now I check periodically during signing for missing signature/initial/notarizaitons then check when borrower is done (2x). And of course again before shipping docs. And it has never happened since!

Reply by Jennie on 6/9/05 8:59pm
Msg #43671

I had one once. I offered to go, turns out borrowers package didn't have it in it either. It needed to be notarized, wasn't in my journal either. I got paid. The SS believed me.

Reply by Cherilyn in CO on 6/9/05 9:39pm
Msg #43684

I had the same thing happen to me today

Lender said I didn't notarize the occupancy aff. The signing service called and asked if I would fill out an all purpose. I said I'll need to see the form that has the borrower's sign, but no notarization. They faxed it-but I knew there was no possible way that I would have missed it.

Luckily, I still had the emailed docs in my email and the form was not in there. Come to find out, the lender sent the OA later to the borrower because they forgot it in the original package. She sent it back not notarized.

SS was on to the lender because she said it was the 2nd time this week it happened.. So they're giving me $50 to go back out to get it signed and notarized.

I wonder how many SA get their fees docked because of this crap. Lender tells the SS that the notary forgot something, but actually they forgot something and the notary not only goes back out for free, but gets docked too.

Reply by DB_IL on 6/9/05 9:58pm
Msg #43690

Re: I had the same thing happen to me today

Sorry this still happens to others. Unfortunately in a field where so much depends on people's integrity and honesty, we are at times at their mercy. Good idea though to keep e-mail for awhile. I think I'm going to apply that then at least if it ever happens again I'll have tangible proof.

I wish when it happened to me I was in a position to return to correct the problem. It put a little damper on that day of my vacation. Of course if I was home I wouldn't want to do it for free but a return for $0 additional beats the -$100 it cost me for them to get another SA.

But I'm sure that with an iron clad check & re-check system we'll all be a true force to be reckoned with.

Reply by Jeanie-fl on 6/9/05 10:13pm
Msg #43694

Re: I had the same thing happen to me today

I've had this happen to me three time's. Luckily, all three time's were with three different SS's which valued my work. I requested fax's of the incorrectly signed/notarized document's. The varying title services faxed unsigned docs. In two of the instances the BR's copy didn't have the specific document. Since I printed the doc's the Title/Mortgage company didn't send the doc to me, so I got paid for a return trip fee. The Title or Mortgage company didn't include it in the package and tried to blame it on me so I would go back for free. In the other incidence the Title company said I missed 5, yes FIVE, documents. Luckily the borrower's remembered signing four of the doc's and remembered me notarizing the doc's. Plus only the four doc's they remembered signing where in their set of doc's. They wrote a letter stating that fact. The BR's copy didn't include the fifth document. Instead of owning up to their mistake of not including the fifth document and not wanting to pay for their over site they tried to blame the SA. Once again the Title/Mortgage lied. In this instance the SS had several wrongful mistake accusations from this TC and dropped them as a customer. I was impressed by the SS's standards.

If I'm accused of not having the doc's signed or notarized correctly I ask for the doc's to be faxed back to me. Except for the above three time's the TC/MC have backed off or offered to pay extra to have me return for their oversight. If the TC/MC won't fax the "incorrectly signed/notarized doc's" back to you suspect a scam!

Reply by Kathi/AZ on 6/9/05 11:56pm
Msg #43713

Re: I had the same thing happen to me today

I had the same thing happen to me today. The SS wanted me to go to Saharita (amout 25 miles one way on the freeway) to get the RTC resigned. They said it was crossed out and needed to be redone (per the title company). I know I changed the date(per discussion here on the board) because the signing took place on the 27th of May(not the 25th that was preprinted on the docs) and I had the borrowers initial the changes and sign the documents. I am still waiting to see what is supposed to happen.

The docs were recieved by the title company May 31st, and I talked to one of the guys from the title company on the 2nd about the whereabouts of the "brokers copies" of the loan (they had been dated April 25th) I told him, when the borrower chose to stop signing he kept all copies of the documents.
One would think that if there was a problem with RTC he would have mention it at that time, not a week or so later!
The whole loan was a disaster, so I waiting to see what will happen. I went to the borrower 3 time with 4 different sets of documents for a 1st and 2nd....What a mess.

Reply by Margaret/Florida on 6/10/05 6:03am
Msg #43728

Last week I got an email from Nasco stating that the borrowers had not signed the Affidavit of No Liens. This is one that had to be witnessed. There are two forms that have to be witnessed. One being the mortgage. We did this signing in the brokers office and had to call him back in to witness the two documents. I am checking documents as we go and I check the entire package before leaving the table. Then before I drop off to Fedex, I check one more time. I also said this was B****it!. I called and left a message. They faxed me the form and asked me to get them to sign it. I called the borrower and tried to get it signed that very afternoon. Borrower told me to come at 4pm, he said wife should be home by them. She gets off at 3:30 and just works down the road. Well, she had her cell phone turned off at and he could not reach her. I waited 30 minutes and no show. He said, I could come back tomorrow. I came back the next day and we got it signed. I also had to provide my own witness. The borrowers were real nice and could not believe that they said they never got the form. They remember it also and know they signed it. I did not make a fuss because I do so much work for them. Why when someone screws up at the title company do they blame it on the notary. I have had this happen before with another signing company, same situation. It just was not so. When I first started doing this, I used to photocopy the notarized documents until I got paid. It got to be too much and I stopped. I do log all notarized documents in my journal after they sign it, so that is my record

Reply by BrendaTX on 6/10/05 6:17am
Msg #43730

Margaret, What do you think happens? Do you think they lose the docs?

Reply by thnotary_NY on 6/10/05 6:50am
Msg #43733

This is one reason I like to use the prep sheet. Between the time I get the docs. (even if sent to the bwr.) and the time I put them in the return envelope, I note on the prep sheet all the docs. that were notorized, later I can enter them in the journal. This makes me not only recheck but gives me a record for taxes.

Reply by BrendaTX on 6/10/05 6:56am
Msg #43736

Excellent idea.

Reply by Art_MD on 6/10/05 7:16am
Msg #43738

Re: Missing doc - CYA - means lost time

Its a shame that we have to do more and more work - and time is money - to cover our butts because of the dishonesty of SSs, T/Cs and LOs.

Art

Reply by Paul2/FL on 6/10/05 7:17am
Msg #43739

What really gets to me on this one is the fact that there wasn't any docs in the file for the wife to sign so I generated them! Then to be told that I didn't send them!
I'm assuming the "prep" sheet you are talking about is the check sheet in the doc package supplied by the Lender/TC. If that's correct, I do go through that as well checking off the docs before I send them.

Reply by thnotary_NY on 6/11/05 6:01am
Msg #43928

Paul2/FL, that prep sheet is a pad sold by NNA (if I remmember correctly). It gives u a chance to record vital info. re. the signing like: ss contacts, phone #s, check off list of docs., how many were notorized and what they were (which I include A or J), and if there was a RTC and bwr. copies. I got a pad and now I keep the sheet along with the confirmation as a record.

Reply by Margaret/Florida on 6/10/05 12:02pm
Msg #43792

I know they lost it. When I first started doing this, I made mistakes, but I found them before I sent the docs and went back on my own before they knew I made a mistake. I have had one company say they never got the faxed docs only to later say they found them, only after I called them. They did not call me to tell me.