Posted by BamaNSA on 7/14/06 9:29am
Msg #133147

Explain documents or not explain documents

Last night I had a signing for a SS where the instructions had Do Not Attempt To Answer Questions for borrower (have them call the mortgage company) in bold print. The borrower wanted to know if his mortgage payment could be automatically drafted and if the money he would be receiving from the loan could be wired to him. He called his contact person at the mortgage company and put her on speaker phone. She automatically started dogging me saying I should be able to answer these questions for him. He immediately got an attitude with me and acted like I was just lazy and didn't want to answer the questions. There was not a form in the package to have his payment set up on autodraft. What did they want me to do, guess the answer? Thanks for letting me vent!

Reply by LauriecPA on 7/14/06 9:38am
Msg #133148

I had a similar situation this week where I got the docs late, printed them, ran to the appt. the BO looks at the HUD starts screaming about the payoffs. They immediately call the LO b/c the payoff is $14,000 less than on the GFE. Now, I barely have my bag unpacked when they called the LO, he wants to talk to me and gets all huffy and says "Madam, is this your first closing?" and all of this crap about why didn't I do this or that...I JUST GOT HERE! Give me a minute to get my bearings!
(I was thinking. If I'm here as an impartial witness, how would I know all that you know from dealing with these people for months when I got the docs 5 minutes ago!!!)

Reply by SarahBeth_CA on 7/14/06 9:55am
Msg #133151

Good grief

If the bo has questions on the terms or dollars then yes I wouldn't answer the question. I do prefer to call the lo myself and let them know that the bo has a question. I think the ss is so concerned about the notary answering questions they shouldn't that they are making a blanket instruction that is just a plain pita. Oh gosh that would frustrate me to no end. Not only do I think the ss is concerned about upl but they are so afraid that if you call and ask a question that is ok the lo might build a relationship with you and at some point the lo might want to just call you directly. They want you smart enough to witness the signing and notarize, but not smart enough to make the lo want you.

Reply by SueW/Tn on 7/14/06 10:05am
Msg #133156

SarahBeth

You hit the nail right on the head! When I see instructions like that I gotta laugh to myself KNOWING if I call the SS they're not going to be able to answer! Great post!

Reply by Diga2Lin/FL on 7/14/06 10:02am
Msg #133154

I'm so proud to say I've just begun the NSA course through NNA and just did the section dealing with this issue last night.

The course specifically says that you are NOT to explain the documents but only point out in the documents where they can find certain information (where can I find my interest rate?, etc) unless the notary is certified in another field to explain the docs. If the borrower has any specific questions a call should be placed to the LO/Lender.

Reply by patricia on 7/14/06 10:08am
Msg #133160

it certainly is not UPL to tell borrower they can set up automatic payment and that the money can most likely be wired to them, these are very common questions and the needed paperwork is usually in the package.

Reply by hcampersFL on 7/14/06 10:09am
Msg #133162

Diga2Lin/FL Where are you located? What part of Fl.? n/m

Reply by SueW/Tn on 7/14/06 10:11am
Msg #133163

Since I've been a member here there has been zero support

for the NNA. I've never commented one way or the other because personally I feel there are other training classes that are doing just as much damage to the profession. HOWEVER, I recently had the displeasure to ask a question of the NNA regarding the newly passed bill here in Tennessee. Ya'll know the NNA, they stay UP with new legislation! Well I got the most simplistic reply ever informing me we were notaries and not allowed to practice law (huh? I'm asking for clarifaction on a state bill) and a link to the bill itself (like I haven't copied it enough that I could wall paper my office). I was horribly disappointed in this group and have no intention of renewing my membership. Dig, you would be far better off purchasing the training manual from the Signing Registry and becoming registered through their site. I'm done with NNA!

Reply by SarahBeth_CA on 7/14/06 10:23am
Msg #133166

Well aren't you just a bundle of information that none of who have been doing the job knows about >

The question is not on the loan specifics, it's not explaining terms of the loan. When you get some experience you'll see that wire transfer papers are in almost every refi package and automatic withdrawal papers come in a large percentage of packages. I have had to call on this before and the lo is more than happy to fax one over right away.

Reply by SarahBeth_CA on 7/14/06 10:24am
Msg #133167

Ah heck last post was for Dig n/m

Reply by LisaWI on 7/14/06 12:33pm
Msg #133206

Bama

I have a suggestion based on what I have encountered and it works well. I was running into the problem of borrowers asking me questions that a LO should have already answered for them (imagine that, uniformed borrowers ), or new questions that arise during the signing. I made up a form, an "Introduction Letter to the Borrowers" explaining my role in their loan process. It states that I am an impartial witness to their loan transaction and pretty much in so many words cannot explain the documents to them in detail or answer certain questions.
I give them this letter when I am identifying them and ask them if they have any questions on the letter. Then we proceed with the signing. I am amazed at what a difference this has made on my signings. When I give them this letter, they are on the same page as me and we have an understanding of eachother.
On your particular situation, if the docs to take care of this matter were not in the package, then, yes, a phone call to LO, Title or SS would of been made. Unfortunatley you're going to run into "certain personalities" that will belittle you to make themselves not look stupid. Stay professional and curteous to the borrowers and it will all be good in the end.

Reply by BrendaTx on 7/14/06 12:50pm
Msg #133209

Re: Explain documents or not - SarahBeth...

"Well aren't you just a bundle of information that none of who have been doing the job knows about "

LOL - I did laugh!


LB

Reply by BamaNSA on 7/14/06 12:54pm
Msg #133211

Re: Explain documents or not - SarahBeth...

Thank you all so much. I feel much better knowing I'm not the only one running into this problem. Have a great weekend.

Reply by Diga2Lin/FL on 7/14/06 2:12pm
Msg #133240

Wow..was just relaying what I'd just read last night -

I don't think the sarcasm was necessary - I never intended to make it sound like I know more than the rest of you..

Reply by Lynn Lowry on 7/14/06 3:17pm
Msg #133267

Why so sarcastic?

She was just writing about what she had read that she thought was related!

Reply by SarahBeth_CA on 7/14/06 3:51pm
Msg #133274

Lynn

When you aren't an NSA, you haven't even completed a course of study or spent any time doing signings you better make sure that if you are going to be so bold as to answer a question so "proudly", you really need to understand the question and get the answer correct before you share your knowledge.

That Is Why The Sarcasm.

Why oh why did I have to explain that. oh boy................

And it get's worse we are talking about someone who in her words has experience as "a real estate paralegal for over 20 years and a notary public for 15". She knows how critically important it is to pay attention to your paperwork yet she didn't pay enough attention to the issue addressed in the post to address the situation. I'm flabbergasted.

Guess what I did this morning. I studied my Tx notary laws. I'm not even going to attempt to answer a TX state specific question until I know these laws. Before any of you newbies jump the gun on that statement I was an NSA in CA before moving here. And guess what I'm going to do tomorow morning; I'm going to study some more. Go figure that one.

Reply by Marlene/USNA on 7/14/06 2:16pm
Msg #133244

Re: Diga2Lin. . .

As you continue your study and research, you will come to recognize the difference between a NOTARY function and a SIGNING AGENT function. A SIGNING AGENT tends to take on more responsibility and risk; a NOTARY is restricted by notary law as to what can and cannot be done.

Looking through a package for automatic deposit/withdrawal forms or calling the LO to get answers for those borrower questions are signing agent functions.

Make no mistake, tho, there are two camps (probably more) among NSAs as to if and when the functions overlap. You will have to decide for yourself eventually as to what you will and will not do to help the borrower, the lender, the title company, and/or the signing service or if you'd rather stay completely hands off.

Watch and learn. I had to!

Reply by Diga2Lin/FL on 7/14/06 2:27pm
Msg #133249

Re: Diga2Lin. . .

I appreciate the input - guess her thread title "Explain documents or not explain documents" dictated my response more than the content.

I was a real estate paralegal for over 20 years and a notary public for 15 - I know the differences and realize the increased risks involved with the functions of the NSA.

I still never meant to come off as knowing more than all the others - sorry it was taken that way.

Reply by Marlene/USNA on 7/14/06 3:46pm
Msg #133273

Re: Diga2Lin. . .

I'm sorry that sometimes more is read into a response than is there. It causes bad feelings where none are intended.

Oh, well, welcome to human world, eh?

Reply by Glenn Strickler on 7/14/06 5:27pm
Msg #133289

Maybe I am not understanting the question here but .....

Most every loan I have done has had paperwork to fill out if the customer wanted the payment automatically deducted from their checking each month and forms on the method the customer would want the money sent to them. It would not be explaining the documents to them, but would it not just be a matter of having them fill out their preferences on the documents? I do that routinely without calling the LO.

Reply by Glenn Strickler on 7/14/06 5:28pm
Msg #133290

Sorry, I am brain dead ....There wasn't a form in your loan

Guess it is time to go fishing again ......

Reply by BrendaTx on 7/14/06 6:22pm
Msg #133293

Re: Explain documents or not explain documents - Bama

Been there, done that. Very similar situation.

I called the title company right after the appointment and told them I'd be their whipping boy for the day.

Explained the situation in case they needed to call and smoothe over feathers. Title company said, "Honey, you will be one of many who will get the same sad treatment. They sure get an attitude don't they? Don't worry another minute about it."

I always give the tc or ss hiring me plenty of info in case they need to kiss up to their client.