Posted by FlaMac on 9/7/06 7:08am
Msg #144025

Notice to Borrower Notary Fee form...

For those of you who have trouble getting paid...for whatever reason. You might want to use this form next time you are dealing with a company you have no experience with or who has a negative reputation for non-payment. For those of you still doing work for SOX and the other deadbeat companys...if it were me....I would use this form on every signing. I do mostly title direct work and many of the TC's require this form.

NOTICE TO BORROWER
NOTARY SIGNING SERVICE AND FEES

As a courtesy to you and/or at the request of your Lender/Mortgage Broker you are signing your loan documents via an Independent Notary Signing Agent.

Said services are arranged for your convenience for which there is a fee. This charge will be reflected on your Settlement Statement and paid to the Notary at the close of escrow from your loan funds. These fees are usually charged on a per trip or set of Documents basis, so prices may vary. We do not set or negotiate these fees. These fees are due and payable once the Notary has performed his/her services. In the event of cancellation of a transaction, these fees are still due and payable and you will be billed by the Notary. Notary Public fees are regulated by the Secretary of State and any question or concerns about said fees should be directed to them.

This person is not an Employee of ____ Title Company and you are advised to direct any questions in regards to your documents directly to your Loan Officer or Escrow Officer immediately.

Accepted and Approved:

__________________________ ___________
Borrower Date

Reply by Beth/MD on 9/7/06 7:18am
Msg #144028

You state....*****Notary Public fees are regulated by the Secretary of State and any question or concerns about said fees should be directed to them.****

Fees for a Notary Public are set by the SOC, but NOT fees for a signing agent. I strongly suggest anyone interested in such a form have this one reviewed by someone who knows what the deal is, such as an attorney.

Reply by Beth/MD on 9/7/06 7:22am
Msg #144029

Re: Notice to Borrower Notary Fee form...Also

please check with your TC or SS before including this or any form.

BTW ---> The TCs I regularly have dealt with do NOT require such a form. For sure, 2 of these TCs would be highly pissed if I included such a form.

Reply by FlaMac on 9/7/06 7:38am
Msg #144033

You are totally incorrect & it proves how little you know...

about the industry. The form was provided to me by one of many title companys that require it. They all vary in verbiage. If you don't like the referral to "signing agent" then replace it with "notary". The forms are provided to the Title Companies by thier legal department. Anyone who has worked for a title agency, title company or title insurance corp. knows this. It's basic Titling 101.

Reply by Beth/MD on 9/7/06 7:43am
Msg #144036

Re: You are totally incorrect & it proves how little you know...

I know enough about this business to question anything you post. I know enough about this business to question your business ethics and experience. I know enough about human beings to know you're a loser.

Reply by KBLedgard_CA on 9/7/06 8:23am
Msg #144053

Re: You are totally incorrect & it proves how little you know...

Beth, that was well stated.

Reply by SueW/Tn on 9/7/06 7:43am
Msg #144037

Re: You are totally incorrect & it proves how little you know...

I have no idea what Titling is....perhaps you've had one to many "titlings". What you are advocating is a joke, perhaps everything about you is a joke. Perhaps Brenda was correct, you're not real or rather you don't do a real job. Your only job is to come to a professional board and see how much you can stir...then you sit around the wash house, smoke and laugh at what you've started. That's gotta be it cause no one is this dumb.

Reply by NCLisa on 9/7/06 8:58am
Msg #144064

Re: You are totally incorrect & it proves how little you know...

I worked for TC's for over 10 years, and for RE Attorneys for the last 6 years. Not one company that I worked for used this form. Each company took the loss and paid the SS or NSA. The loss is a write off, so it doesn't hurt the company. Now if we had a MB that had mega cancellations due to bait and switch, we'd require them to start paying the SS or NSA.

In all the closings that I have done as an NSA, I have seen that form 3 times, and it was from the same SS.

Reply by Charm_AL on 9/7/06 9:03am
Msg #144067

So then Lisa...

that SS is titling? LOL

Reply by NCLisa on 9/7/06 11:37am
Msg #144151

Re: So then Lisa...

I thought it was titilating!

Reply by Carolyn Bodley on 9/7/06 1:00pm
Msg #144184

Re: Just last week

this form was included in BOs loan package -- and it WASN'T a SS document -- it was part of the loan itself, and stated that I was an independent contractor and that if the loan didn't fund, or if BOs canceled during the 3-day RTC, that they "the Borrowers" were responsible for paying for my services. The form was to be dated and signed by each borrower. Needless to say, BOs refused to sign, however, it does show that at least one lender and/or TC is/are making the form a part of the loan package.

Reply by NCLisa on 9/7/06 6:48pm
Msg #144281

Re: Just last week

It is fine if the lender or TC uses it. 99.9% of them don't.

Reply by Carolyn Bodley on 9/7/06 8:08pm
Msg #144295

Re: No it's not fine if lender or TC uses the form ...

the BOs are NOT responsible for paying for my services, and they have a perfect right to cancel during the 3-day RTC, should they desire to do so. The BOs didn't hire me -- the lender/TC did, and it is the lender/TC who is liable for paying for my services in full, whether or not the loan funds, or is canceled. IMO, if lender or TC is sneaky enough to insert this form in the loan docs, their ethics are below those of a sleazy SS instructing me to have BOs sign the form.

Reply by NCLisa on 9/7/06 9:55pm
Msg #144328

Re: No it's not fine if lender or TC uses the form ...

Excuse me, you said it was part of the loan documents, not that the TC snuck it in! If the lender is actually including that form, then it is fine by me. The BO needs to pay for the appraisal whether they rescind or not, so if they need to pay the NSA no matter what, then why should I care? I don't care who pays me as long as I get paid. If it's a purchase, the borrower still pays for all the inspections they ordered even if they back out of the deal, so why not the NSA? I don't have a problem with that as long as it is disclosed. And remember, that a NSA is being hired for the borrowers convenience they should be responsible for paying a fee for someone coming to their home when they could take time to go the the attorney or TC's place of business. It is just not up to the NSA to include that piece of paper, if the NSA feels so stronly, then they need the TC or lender to sign that, not the borrower.

Reply by patricia on 9/7/06 8:24pm
Msg #144304

Re: Just last week

I dont understand why it is fine if the lender or TC use this form. If they requested the service why should I have to contact the borrower for payment. Payment would make the most sense if borrower paid at time of signing, not after they have canceled.

Reply by NCLisa on 9/7/06 10:02pm
Msg #144331

Re: Just last week

Because the Lender or TC is actually hiring us. That is who contracted us. Now if they told the borrower to give us a check when we got to their house, that would be fine. (Do you know how many of those checks would bounce). If we want to get paid no matter what, then we have the TC/Lender/SS sign the form. Who they get the money from is not my concern.

I have a notice after my signature line in my emails that that says "By contracting my notary signing agent services you agree that 100% of my fee is to be paid whether the loan funds or the borrowers choose to rescind. Once the documents have been signed, notarized and shipped out, I have completed 100% of the task I was contracted for and demand to be paid accordingly.

Reply by BrendaTx on 9/7/06 1:11pm
Msg #144187

NC Lisa - Reeves-Hary? n/m

Reply by NCLisa on 9/7/06 6:46pm
Msg #144280

Re: NC Lisa - Reeves-Hary?

?

Reply by BrendaTx on 9/7/06 8:28pm
Msg #144308

Re: NC Lisa - Reeves-Hary?

That's the only SS I have worked for who had one of these forms.

Reply by NCLisa on 9/7/06 9:56pm
Msg #144329

Re: NC Lisa - Reeves-Hary?

No, Greenberg Mellinger

Reply by Charm_AL on 9/7/06 7:35am
Msg #144031

Another *f* up by flaskmac....

First of all notary public fees regulated by the state are nowhere close to those fees associated with a signing agent fee. If you have an intelligent borrower sign this, you are saying in effect that they owe you, (as in my state) $1.50 per signature/stamp....I could net a whole $4.50 for a signing!!! woooohoooo That's four dollars and fifty cents folks! Yea, that's why I'm in this business!

The borrower has ALREADY paid for our services as seen or built into the HUD settlement statement.
The borrower IS NOT responsible for our Signing Agent fee after the event.
Signing agents -------
Please do not even think about using this form or the advice of the above poster. She is a lawyer wannabe and extends the little she knows to the notary field, she practices no boundaries as seen over the last few days of her binge.

What she wants you to do is screw over the borrower, whom has not solicited your notary service. The TC or SS is responsible for your payment, as the borrower has already paid it.
File her advice in the trash heap, she's hallucinating again.

Reply by SueW/Tn on 9/7/06 7:36am
Msg #144032

Flamac...YOU ARE DANGEROUS

you need to be muzzled or at the very least thrown off this site. Your information is totally and completely wrong. Borrowers do NOT owe a damn penny if they choose to take advantage of their RTC...you are advocating UPL IN YOUR FACE. You can't possibly have a successful business with this thought pattern!

Reply by FlaMac on 9/7/06 7:40am
Msg #144034

SueW/Tn ..YOU ARE MENTAL..and need hormone therapy. n/m

Reply by MistarellaFL on 9/7/06 7:46am
Msg #144038

This is a joke right?

Signing Agents, unless the brw's have contacted you and arranged for the signing, your contract is with the company THAT HIRED YOU. The brw's are NOT responsible for your fees.
You may lose business with hiring parties should you choose to follow this advice.
It stinks that we sometimes get stiffed by the hiring parties, but that doesn't mean we get to chase the brw for our payment EVER. I work with many TC's and lenders and I wouldn't dream of using this form. I would probably lose my credibilty with my regulars.
BEWARE this advice!

Reply by Beth/MD on 9/7/06 7:48am
Msg #144039

Re: This is a joke right? It's got to be!

NO one is this stupid.

Reply by Becca_FL on 9/7/06 7:48am
Msg #144040

That's it Fran

I'm copying all of your posts here and forwarding them to the Florida Bar with a complaint of UPL. You are so dangerous; you must be stopped and stopped quickly.

Reply by Charm_AL on 9/7/06 7:49am
Msg #144042

Re: That's it Fran -Becca...

Here, Here...see above post also!

Reply by Becca_FL on 9/7/06 7:50am
Msg #144043

For those wanting to join and file their own complaint...

http://www3.flabar.org/TFB/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/59cac57c8be11c2085256b2f006c58a5?OpenDocument

Reply by hcampersFL on 9/7/06 7:52am
Msg #144044

Re: That's it Fran-Becca please feel free to include my name

to your complaint.
I can't believe the garbage you are spewing.
Of course I'm sure that plenty of people on here think we are just "picking" on you.
I don't understand how you can continue to work in this industry with your attitude? It is a puzzle.

Reply by LeNelle Stephens on 9/7/06 7:57am
Msg #144050

This is scary

I have been studying posts for sometime now in order to get a feel for this forum and have not posted but a few times. However, I feel that some of the posts by Flamac, that I have read recently cannot go without comment. I have been in the business for over 3 years and I find that the information posted by Flamac to be totally "A BIG CROCK OF ___" There are sooo many issues that you bring up Flamac that are going to cause you ramifications in the future. I am by no means a newbie to the signing agent business, however, I am to this board, but those that are newbies who take this info seriously- BEWARE!

Reply by Charm_AL on 9/7/06 7:53am
Msg #144046

FLAMAC...re-read Msg #143899...Hurry!!!... n/m

Reply by Diga2Lin/FL on 9/7/06 8:32am
Msg #144055

Re: Notice to Borrower...YOU DIDN'T JUST SAY THAT!!

Rubbing my eyes and sucking more coffee to try to wake up and believe what I just read...you've got to be kidding...

Reply by cyndi_ca on 9/7/06 8:40am
Msg #144059

You don't really do this do you?

Reply by Lisa Prestegard on 9/7/06 9:43am
Msg #144094

In accordance with FL law...

I knew that would get your attention, FlaMac. I have every intention of reporting your UPL on this public forum to the Secretary of State.
Each post of yours that falls within the realms of UPL will be copied and pasted into Word Document format to substantiate my complaint.
Your actions are reprehensible. (reprehensible: actions deserving rebuke or censure)
Be advised, it will no longer be tolerated without recourse.

Reply by FlaMac on 9/7/06 11:20am
Msg #144145

Be prepared to get in trouble for filing a false complaint .

Dear. You are clearly unstable.

Reply by Lisa Prestegard on 9/7/06 12:08pm
Msg #144166

Re: Be prepared to get in trouble for filing a false complaint .

My complaint will be clear, concise and directed to the appropriate authority, be it the SOS or the Florida Bar Association. Make no mistake, Fran, I cover my bases thoroughly.

Reply by Diga2Lin/FL on 9/7/06 12:15pm
Msg #144168

Re: Be prepared to get in trouble..I'd like to know

Why it is that when you are so obviously in the wrong and are confronted by numerous people about it the best you can come up with is "get hormone therapy", "get Prozac" or "You're unstable"...

What were those words?...Defamation?..Slander??..Libel??.

Reply by Diga2Lin/FL on 9/7/06 12:25pm
Msg #144171

Re: Be prepared to get in trouble.. forgot one

"You are mental" - and need hormone replacement therapy...huh??

Reply by Becca_FL on 9/7/06 12:42pm
Msg #144178

Not to worry...

Fran is very good at digging holes she can not possibly get out of. She'll either bury or hang herself by her own words. The more she responds, the deeper the hole is getting.

Remember hearing the definition of insanity is doing the same thing over and over and expecting a different result? Sound familiar?

Reply by Lisa Prestegard on 9/7/06 12:47pm
Msg #144181

Re: Not to worry...

LMAO Becca... yes, that is the definition

Reply by Jahari Davis on 9/7/06 12:56pm
Msg #144182

Here's a thought...what if she's right and you're wrong? n/m

Reply by Diga2Lin/FL on 9/7/06 4:45pm
Msg #144252

Re: Here's a thought...what if she's right and you're wrong?

If you really read the very first post you wouldn't be saying that..and if you would?...then looks like you're a part of a party of 2

Reply by Beth/MD on 9/7/06 5:41pm
Msg #144267

Re: Here's a thought...what if she's right and you're wrong?

She's an idiot who is wrong too many times to be given any credit. So if this ONE time proved to be her big right, I'd still see her as an inexperienced, uneducated loser who does nothing more than constantly spout off to others on the board. This woman lies and could lead an ususpecting SA into a lawsuit. And that's before we get into her UPL and her "saving the loan" crap. I wouldn't let her hold my trash much less notarize anything of importance to me.

Reply by Lisa Prestegard on 9/7/06 5:44pm
Msg #144270

To Jahari, in response to your querey

I simply refuse to egage in a battle of wits with an unarmed opponent.
In other words, I will not engage you with a response to your question, as its obvious intent was to incite me.
Regards, then...
Lisa

Reply by Jahari Davis on 9/7/06 6:07pm
Msg #144275

Re: To Jahari, in response to your querey

No Lisa, it wasnt meant to incite. I meant exactly what I said. What if she's right and your wrong and there's nothing wrong with that form. Its called playing devil's advocate.

Reply by patricia on 9/7/06 7:09pm
Msg #144283

Re: To Jahari, in response to your querey

I dont want to be part of this but the document in question is used by many persons and also
some signing services send it out for notary to use. I have always refused to include this document as I do not believe the lender allows us to include additional paperwork in the package. however it seems that Flamac is only doing what many others are. Does any one remember Michael Cooper? I believe he may be the one who invented that piece of paperwork, if I remember correctly he was ridiculed.

Reply by BrendaTx on 9/7/06 7:51pm
Msg #144291

Re: To Jahari, in response to your querey

*I have always refused to include this document as I do not believe the lender allows us to include additional paperwork in the package.*

The one time I did present a document such as this from the SS, the bwr looked at me like I was nuts. I felt like that put a cold draft on him signing the docs.

He refused to sign the "pay the notary" document and said that should be between me and the people who hired me.

I think I am in an area which is not as likely to have funky loans which will not fund. That's lucky for me. I feel for the Ca. and Fla. notaries.

I am not an attorney, but in the way this is worded it seems like it is telling the people that I have a stake in the outcome of their loan.

The best policy is to work for companies which do not pay "trip fees."

Reply by patricia on 9/7/06 8:05pm
Msg #144294

Re: To Jahari, in response to your querey

the great majority of the people I "visit" are high income, professional people. I would be humiliated by asking them to consider such a document. Yes, dont work for any reduced fees!
Recently I have been getting some "funky" loans, so I will have to make a new plan but it will not include a "pay the notary" document.

Reply by Lisa Prestegard on 9/8/06 7:09am
Msg #144413

The document I've seen lately...

It is a document being included for the Borrower to sign stating that the Notary Public is just that... a Notary Public. He/She is NOT a loan officer, NOT employed by their lender or TC, and does NOT have an interest in their loan... that the Notary Public CANNOT and WILL NOT offer any advice regarding terms or interest rate. It further states that by signing the aforementioned form, the borrowers certify that the Notary Public/SA did not offer them advice regarding their loan documents during the signing.
I have received a similar form from 3 signing agencies recently, all of them top-notch. They ask that the borrower review the form prior to signing documents and sign it afterwards. The original document stays with me and is faxed to the SS (along w/tracking info, closing confirmation, etc). It is not included with the loan package and is not a part of Loan or Escrow docs. The purpose of the document is quite clear... it removes blame or fault from the SS/SA if the loan should rescind. I was told that too many Notaries Public have been opining to the Borrower about their loan terms, or soliciting Mortgage services to Borrowers during a signing promising a 'better deal' through so-and-so. The signing agencies evidently have trouble getting paid if a loan rescinds, too... this is just a CYA document for them.
As to the document FlaMac was referring to initially, I am reminded of a particular litmus test from Real Estate 101: The person that hires you, pays you. Period. To change a contract, whether it's an employment contract or real estate contract, all parties to the contract (SS/SA, TC, Lender, Borrowers) must agree to that change.